null

2021-08-20

OBJECTS AND REASONS

This Bill would implement the Convention on Facilitation of International Maritime Traffic to make provision for the electronic transmission and exchange of information in order to facilitate and expedite the clearance of international maritime traffic and to provide for related purposes.

Arrangement of Sections

PART I

PRELIMINARY

Short title

Interpretation

Convention to have force of law

Application of Act

PART II

ADMINISTRATION

Establishment of National Maritime Transport Facilitation Programme

Establishment of National Maritime Transport Facilitation Committee

Functions of Committee

Functions of the Barbados Port Inc.

PART III

ARRIVAL, STAY AND DEPARTURE OF SHIPS

Establishment of Maritime Single Window

1.

2.

3.

4.

5.

6.

7.

8.

9.

2

Documents to be submitted through Maritime Single Window

Documents pre-arrival

Provisional clearance of ship intending to arrive

Documents on arrival

Final clearance of ship on arrival

Ship arriving for medical emergency

Documents pre-departure

Provisional clearance on intended departure

Documents on departure

Final clearance of ship on departure

Failure to submit pre-arrival and pre-departure documents

Request for additional documents

Documents to be signed

Correction of errors

PART IV

ARRIVAL AND DEPARTURE OF CRUISE SHIPS

Arrival of a cruise ship

Documents on arrival of a cruise ship

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

3

Documents on departure of a cruise ship

PART V

ARRIVAL AND DEPARTURE OF PASSENGERS AND CREW MEMBERS

Final Certificate of Clearance to be issued before disembarking ship

Documents required from passengers on arrival

Documents required from crew members on arrival

Passengers and crew members arriving without documents

Shore Leave

Documents required from passengers and crew members on departure

Improper documents

PART VI

STOWAWAYS

Incidences of stowaways and attempted stowaways to be reported

Ship owner to defray cost of maintaining stowaway

Treatment of stowaways

PART VII

OFFENCES AND PENALTIES

Offences relating to the submission of false documents

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

4

PART VIII

MISCELLANEOUS

Settlement of disputes

Regulations

Amendment of Schedules

Consequential amendments

Commencement

38.

39.

40.

41.

42.

5

FIRST SCHEDULE

National Maritime Transport Facilitation Committee

SECOND SCHEDULE

1965 Convention on Facilitation Of International Maritime Traffic (FAL 1965)

THIRD SCHEDULE

Pre-arrival Documents

FOURTH SCHEDULE

Documents relating to Stowaways

FIFTH SCHEDULE

List of officers to whom pre-arrival and pre-departure documents to be submitted

SIXTH SCHEDULE

Certificates of Clearance on Pre-Arrival and Arrival

SEVENTH SCHEDULE

Form of Notice of Intended Departure

EIGHTH SCHEDULE

Certificates of Clearance on Departure

NINTH SCHEDULE

List of officers to whom fines are to be paid for outstanding pre-arrival and pre- departure documents

6

TENTH SCHEDULE

Consequential Amendments

7

BARBADOS

A Bill entitled

An Act to provide for the implementation of the Convention on Facilitation of International Maritime Traffic to make provision for the electronic transmission and exchange of information in order to facilitate and expedite the clearance of international maritime traffic and to provide for related purposes.

ENACTED by the Parliament of Barbados as follows:

PART I

PRELIMINARY

Short title

This Act may be cited as the Facilitation of International Maritime Traffic Act, 2021.

Interpretation

In this Act,

“advance cargo information” means a manifest, an airway bill, a bill of lading, information or data in respect of

cargo and stores including all imports, exports in transit and transshipment of goods; or

any package of which there is no bill of lading or airway bill on board a ship;

“advance passenger information” means the information in respect of a passenger, crew member or other person transported in a ship;

“attempted stowaway” means a person who is

secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or master; and

detected on board the ship before it has departed from the port;

“clearance” means the accomplishment of customs or other formalities necessary to permit

goods to enter for home use, to be exported or to be placed under another customs procedure;

persons to enter Barbados; or

1.

2.(1)

(a)

(b)

(a)

(b)

(a)

(b)

10

a ship to enter or depart the Port;

“coastal state” means a sovereign state that is not land locked and has territory connected to the ocean or whose coastlines lie on exorheic basins which naturally externally drain into rivers or oceans;

“Committee” means the National Maritime Transport Facilitation Committee established under section 6;

“Convention” means the International Maritime Organization Convention on Facilitation of International Maritime Traffic, 1965

the text of which is set out in the Second Schedule; and

to which Barbados is a party;

“cruise ship” means a ship on an international voyage carrying passengers participating in a group programme and accommodated on board for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally

embark or disembark any other passengers; or

load or discharge any cargo;

“customs officer” means a customs officer appointed under section 13 of the Public Service Act, Cap. 29 and includes the Comptroller of Customs, a Deputy Comptroller of Customs, an Assistant Comptroller of Customs and a Customs Guard;

“document” includes information presenting data by electronic means or by non- electronic means;

“domestic space” means the countries of Anguilla, Antigua and Barbuda, Bahamas, Belize, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands and any other country so designated under an enactment governing the customs system in Barbados;

(c)

(a)

(b)

(a)

(b)

11

“goods” means tangible products and includes animals and plants transported on an international voyage or for utilization on board a ship;

“immigration officer” means an immigration officer appointed under section 13 of the Public Service Act, Cap. 29 and includes the Chief Immigration Officer, the Deputy Chief Immigration Officer, an Assistant Chief Immigration Officer and a Senior Immigration Officer;

“IMPACS” means the CARICOM Implementing Agency for Crime and Security established under the Agreement Establishing the CARICOM Implementation Agency for Crime and Security, 2006;

“International Health Regulations” are the regulations adopted by the World Health Assembly on the 23rd May, 2005 which entered into force on the 15th June, 2007 to which Barbados is a party;

“JRCC” means the Joint Regional Communication Centre which is a sub-agency of IMPACS which receives advance passenger information data and advance cargo information data;

“maritime autonomous surface ship” means a ship which to a varying degree can operate independently of human interaction;

“Maritime Single Window” means a one-stop service environment that covers maritime and port administrative procedures;

“master” means the person having command of a ship;

“Minister” means the Minister responsible for Maritime Affairs;

“non-coastal state” means a land locked state whose territory is not connected to the ocean or whose coastlines lie on endorheic basins which internally drain into lakes or swamps, and allows no natural outflow to rivers or oceans;

“passport” means a valid passport referring to the person producing the same, furnished with a photograph of that person and duly issued to him by or on behalf of the Government of the country of which he is a subject or citizen and for a period which, according to the law in force in that country, has not expired, and includes a travel permit or other document establishing to the

12

satisfaction of an immigration officer the nationality and identity of the person to whom it refers;

“Port” means the Port of Bridgetown as described in the First Schedule to the Barbados Port Inc. (Transfer of Management and Vesting of Assets) Act, Cap. 285B;

“port” includes any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships or any other place at which a ship can call;

“Programme” means the National Maritime Transport Facilitation Programme established under section 5;

“Seafarers’ Identity Document” means the form of identification issued to a seafarer for the purpose of the Seafarers’ Identity Documents Convention, 1958, of the International Labour Organization to which Barbados is a party;

“ship” means a vessel which is designed, used or capable of being used solely or partly for navigation in, on, through, or immediately above the water, without regard to method or lack of propulsion and includes a maritime autonomous surface ship;

“ship agent” means

the party representing the owner of the ship; or

the charterer in port;

“ship owner” means a person who owns or operates a ship and includes any person other than the ship agent acting on the behalf of the owner or the operator;

“ship document” includes certificates and other documents which must be made available by the master of the ship in order to demonstrate that the ship is in compliance with national and international regulations;

“ship equipment” includes articles, other than the spare part of the ship, that are on board a ship for use on the ship and which are removable but not of a

(a)

(b)

13

consumable nature, including accessories such as life boats, life-saving devices, furniture, ship apparel and similar items;

“ship spare parts” includes articles of a repair or replacement nature for incorporation into the ship in which they are carried;

“ship stores” includes goods that are to be used in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants but does not include ship equipment and ship spare parts;

“shore leave” means permission for a crew member to go ashore during the stay of a ship in port within such geographical or time limits, if any, as may be decided by the public authorities;

“SOLAS” means the International Convention for Safety of Life at Sea, 1974 to which Barbados is a party;

“stowaway” means a person who

is secreted on a ship, or in cargo which is subsequently loaded on the ship without the consent of the ship owner or master;

is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival; and

is reported as a stowaway by the master to the appropriate authorities.

In this Act, “Annex” shall be construed as a reference

to the Annex to the Convention as modified from time to time; or

where the Annex is replaced by an instrument, to that instrument.

For the purposes of subsection (2), the Annex is modified where

omissions, additions or other alterations to the text take effect in accordance with Article VII of the Convention; or

a supplementary provision made under Article VII of the Convention takes effect.

(a)

(b)

(c)

(2)

(a)

(b)

(3)

(a)

(b)

14

A modification or replacement of the Annex shall come into force in accordance with Article VII(3) of the Convention.

Convention to have force of law

Subject to this Act, the Convention set out in the Second Schedule, with the exception of standard 7.4, shall have the force of law in Barbados.

In the event of any inconsistency between this Act and the Convention, the Convention shall prevail to the extent of the inconsistency.

Application of Act

This Act shall apply to all passenger ships and cargo ships that are

of coastal and non-coastal States, the Governments of which are party to the Convention; and

above 150 gross tons.

This Act shall not apply to a passenger or cargo ship that is 150 gross tons or below.

PART II

ADMINISTRATION

Establishment of National Maritime Transport Facilitation Programme

There is established a Programme to be known as the National Maritime Transport Facilitation Programme for the adoption of measures under the Convention to facilitate and expedite the clearance of international maritime traffic which arrives at and departs from the Port.

(4)

3.(1)

(2)

4.(1)

(a)

(b)

(2)

5.(1)

15

The Programme shall

set the standards for the formalities, documentary requirements and procedures which should be applied on the arrival, stay and departure of a ship entering or leaving the Port, in relation to:

the ship;

the crew and passengers;

baggage and cargo;

freight containers;

goods;

postal parcels; and

human remains;

harmonize the formalities, documentary requirements and procedures set out in the Health Services Act, Cap. 44, the Quarantine Act, Cap. 53, the Quarantine (Maritime) Regulations (S.I. 1947 No. 38) and any enactments governing the customs system and immigration system in Barbados with the standards set out under paragraph (a) for the safe arrival, stay and departure of a ship into and from the Port;

create a paperless system for the exchange of information, including the electronic data interchange for the transmission of information relating to maritime transport; and

prevent unnecessary delays to ships, persons and property on board ships while in the Port.

Establishment of National Maritime Transport Facilitation Committee

There is established a Committee to be known as the National Maritime Transport Facilitation Committee.

(2)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(b)

(c)

(d)

6.(1)

16

The Committee shall develop the Programme established under section 5 to facilitate and expedite the clearance of international maritime traffic which arrives at and departs from the Port.

The First Schedule shall have effect with respect to the constitution of the Committee and otherwise in relation thereto.

Functions of Committee

The functions of the Committee are as follows:

to implement and enforce national policies and enactments on the facilitation of international maritime traffic in accordance with the Programme established under section 5;

to develop and maintain technological and administrative systems to support a Maritime Single Window;

to supervise and regulate the operations of the Maritime Single Window in accordance with international best practices;

to advise the Minister on matters relating to this Act; and

to do such other things as are necessary to effectively carry out the purposes of this Act.

Functions of the Barbados Port Inc.

The Barbados Port Inc. shall implement the Programme to facilitate and expedite the clearance of international maritime traffic by

establishing and upgrading from time to time a maritime single window at the Port;

establishing and maintaining a monitoring, review and evaluation mechanism to ensure that procedures are simplified and that administrative burdens are reduced for ships engaged in international voyages, arriving to, staying in and departing from the Port;

applying the principles of efficiency, security and convenience;

(2)

(3)

7.

(a)

(b)

(c)

(d)

(e)

8.(1)

(a)

(b)

(c)

17

treating humanely and protecting passengers, crew, seafarers and stowaways who are on board a ship engaged in an international voyage arriving to, stayin g in and departing from the Port;

providing training for port authorities to operate the maritime single window to ensure that international ships comply with the requirements under this Act; and

to do such other things as are necessary to effectively carry out the purposes of this Act.

The Chief Executive Officer of the Barbados Port Inc. shall be responsible for the general administration of this Act.

PART III

ARRIVAL, STAY AND DEPARTURE OF SHIPS

Establishment of Maritime Single Window

There is established a Maritime Single Window for Barbados to facilitate and expedite the clearance of international maritime traffic which arrives in Barbados from a port outside Barbados or departs from Barbados for a port outside Barbados.

Documents to be submitted through Maritime Single Window

All documents relating to the arrival, stay and departure of a ship which intends to come to Barbados from a port outside Barbados or depart from Barbados for a port outside Barbados shall be submitted in an electronic format, correct in all particulars to

the Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer and Chief Environmental Health Officer through the Maritime Single Window; and

(d)

(e)

(f)

(2)

9.

10.(1)

(a)

18

the Chief Operations Officer of JRCC through Electronic Manifest Management ASYCUDA.

The Chief Operations Officer of JRCC shall submit the documents received in accordance with paragraph (b) of subsection (1) to the Chief Immigration Officer and Comptroller of Customs through the Maritime Single Window.

All documents submitted through the Maritime Single Window shall be signed and dated by

the ship owner, ship agent or master;

a person authorized by the ship owner; or

a person approved by the Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer, Chief Environmental Health Officer or Chief Operations Officer of the JRCC depending on the document to be submitted through the Maritime Single Window.

Documents pre-arrival

The ship owner, ship agent or master of every ship which intends to come to Barbados from a port outside Barbados and proposing to call at the Port,

shall submit in the form set out in the Convention in the Second Schedule, the following documents through the Maritime Single Window:

a General Declaration set out in Form 1;

a Cargo Declaration set out in Form 2 or a copy of the ship’s manifest where the manifest contains the information required in the Cargo Declaration;

a Ship’s Stores Declaration set out in Form 3;

a Crew’s Effects Declaration set out in Form 4;

(b)

(2)

(3)

(a)

(b)

(c)

11.(1)

(a)

(i)

(ii)

(iii)

(iv)

19

a Crew List set out in Form 5;

a Passenger List set out in Form 6, or a list compiled by the owner of the ship if that list contains the information required in the Passenger List;

a Dangerous Goods Manifest set out in Form 7;

shall submit in the form set out in Part A of the Third Schedule the following documents through the Maritime Single Window:

Advanced Notification Form for Waste Delivery to Port Reception Facilities set out in Form 1;

a List of Ports of Call set out in Form 2;

a Maritime Declaration of Health set out in Form 3;

an International Certificate of Vaccination or Prophylaxis set out in Form 4;

a Yellow Fever Vaccination List set out in Form 5;

Security-related information as required under SOLAS regulation XI-2/9.2 set out in Form 6;

a Ship Sanitation Control Exemption Certificate & Ship Sanitation Control Certificate set out in Form 7;

a Letter Bill - Bulk Mail under the Universal Postal Convention set out in Form 8; and

Ship Particulars set out in Form 9; and

shall submit in the form set out in Part B of the Third Schedule the following documents through Electronic Manifest Management ASYCUDA:

Advanced Passenger Information set out in Form 1; and

Advanced Cargo Information set out in Form 2;

(v)

(vi)

(vii)

(b)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xii)

(c)

(i)

(ii)

20

shall, where there are stowaways on board the ship, submit the details of the stowaway in the form set out in Part B of the Fourth Schedule.

In the case of a ship arriving from within the domestic space the documents referred to in subsection (1) shall be submitted one hour in advance of the arrival of the ship.

In the case of a ship arriving from outside the domestic space, the documents referred to in subsection (1) shall be submitted 24 hours in advance of the arrival of the ship.

A ship owner, ship agent or master who does not submit the documents referred to in subsection (1) in an electronic format through the Maritime Single Window may, for a period of 12 months after the coming into force of this Act, submit the documents referred to in paragraph (a) and (b)(v) and (viii) of subsection (1) in original hard copy as follows:

five copies of the General Declaration;

four copies of the Cargo Declaration;

four copies of the Ship Stores Declaration;

two copies of the Crew Effects Declaration;

four copies of the Crew List;

four copies of the Passenger List;

one copy of the Dangerous Goods Manifest;

one copy of the Maritime Declaration of Health; and

one copy of security-related information as required under SOLAS regulation XI-2/9.2.2.

Notwithstanding section 10, a ship owner, ship agent or master shall submit the documents referred to in paragraph (a) of subsection (1) in original hard copy, in circumstances resulting from acts beyond the reasonable control of the Barbados Port Inc. which prevents the electronic submission of documents.

(d)

(2)

(3)

(4)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(5)

21

The Fifth Schedule sets out the officer to whom the documents shall be submitted through the Maritime Single Window.

Every document that is submitted through the Maritime Single Window shall be retrieved, signed and dated by the respective officer in order to facilitate and expedite the clearance of a ship.

Provisional clearance of ship intending to arrive

Every ship owner, ship agent or master who submits the documents in accordance with section 11 shall be issued a Provisional Certificate of Clearance on Pre-Arrival in the form set out in Part A of the Sixth Schedule as follows:

in the case of a ship arriving from within the domestic space, 12 hours in advance of the arrival of the ship in Barbados; and

in the case of a ship arriving from outside the domestic space 24 hours in advance of the arrival of the ship in Barbados.

Where a ship owner, ship agent or master does not receive a Provisional Certificate of Clearance on Pre-Arrival in accordance with subsection (1) and can provide proof that the documents were submitted in accordance with section 11, a Provisional Certificate of Clearance on Pre-Arrival in the form set out in Part A of the Sixth Schedule shall be issued immediately on arrival in Barbados.

Documents on arrival

Where a ship owner, ship agent or master submits documents in accordance with section 11 and the information submitted is no longer accurate because there is a change in the circumstances on the ship, the ship owner, ship agent or master shall resubmit the document to which the change is to be made through the Maritime Single Window on arrival in Barbados, without incurring a penalty.

(6)

(7)

12.(1)

(a)

(b)

(2)

13.

22

Final clearance of ship on arrival

The ship owner, ship agent or master who submits documents in accordance with section 11 shall be issued a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule after the ship arrives in Barbados and is inspected by

a customs officer;

an immigration officer; and

an environmental health officer.

Ship arriving for medical emergency

Where a ship arrives in Barbados from a port outside Barbados for the purpose of bringing ashore

a sick or an injured passenger or crew member;

a person rescued at sea;

any other person who requires emergency medical treatment; or

a person who requires treatment against

a notifiable disease set out in the First Schedule to the Health Services (Communicable and Notifiable Diseases) Regulations (S.I. 1969 No. 179); or

a public health emergency of international concern,

the ship owner, ship agent or master shall submit the documents set out in subsection (2).

In accordance with subsection (1), the ship owner, ship agent or master shall submit the following documents through the Maritime Single Window:

Crew List set out in Form 5 of the Convention in the Second Schedule;

14.

(a)

(b)

(c)

15.(1)

(a)

(b)

(c)

(d)

(i)

(ii)

(2)

(a)

23

Passenger List set out in Form 6 of the Convention in the Second Schedule or a list compiled by the owner of the ship if that list contains the information required in the Passenger List;

Maritime Declaration of Health set out in Form 3 in Part A of the Third Schedule; and

International Certificate of Vaccination or Prophylaxis set out in Form 4 in Part A of the Third Schedule.

Documents pre-departure

The ship owner, ship agent or master of every ship which intends to depart from a port in Barbados shall submit a Notice of Intended Departure in the form set out in the Seventh Schedule as follows:

in the case of a ship departing to a port within the domestic space, 30 minutes in advance of the departure of the ship; and

in the case of a ship departing to a port outside the domestic space, no less than 30 minutes or more than 4 hours in advance of the departure of the ship.

Provisional clearance on intended departure

A ship owner, ship agent or master of a ship who submits a Notice of Intended Departure, in the form set out in the Seventh Schedule, in accordance with section 16 shall be issued a Provisional Certificate of Clearance on Departure in the form set out in Part A of the Eighth Schedule 3 hours prior to the departure of the ship.

Where a ship owner, ship agent or master does not receive a Provisional Certificate of Clearance on Departure in accordance with subsection (1) and can provide proof that the documents were submitted in accordance with section 16, a Provisional Certificate of Clearance on Departure shall be issued immediately.

(b)

(c)

(d)

16.

(a)

(b)

17.(1)

(2)

24

Documents on departure

When a ship departs from Barbados for a port outside Barbados, the ship owner or ship agent shall submit through the Maritime Single Window the following documents set out in the Convention in the Second Schedule:

a General Declaration set out in Form 1;

a Cargo Declaration set out in Form 2, for cargo which was not the subject of a declaration when the ship arrived in Barbados;

a Ship’s Stores Declaration set out in Form 3, for ship stores which were not the subject of a declaration when the ship arrived in Barbados; and

a Crew List set out in Form 5, where there is a change in the number or the composition of the crew that arrived in Barbados.

Final clearance of ship on departure

The ship owner, ship agent or master who submits documents in accordance with section 18 shall be issued a Final Certificate of Clearance on Departure in the form set out in Part B of the Eighth Schedule after the ship has been inspected by

a customs officer;

an immigration officer; and

an environmental health officer.

Failure to submit pre-arrival and pre-departure documents

A ship owner, ship agent or master who fails to submit a document required under section 11 or 16 shall submit that document immediately on arrival or departure and the ship owner, ship agent or master is liable to pay the administrative penalty set out in subsections (2) and (3) to the officer specified

18.

(a)

(b)

(c)

(d)

19.

(a)

(b)

(c)

20.(1)

25

in the Ninth Schedule for each document that should have been submitted in advance of the arrival or departure of the ship.

Where a ship owner, ship agent or master fails to submit

a Maritime Declaration of Health set out in Form 3 in Part A of the Third Schedule;

Security-related information as required under SOLAS regulation XI-2/9.2 set out in Form 6 in Part A of the Third Schedule;

Advanced Passenger Information set out in Form 1 in Part B of the Third Schedule; or

Advanced Cargo Information set out in Form 2 in Part B of the Third Schedule,

the administrative penalty shall not exceed $200 000.

Where a ship owner, ship agent or master fails to submit any other document, the administrative penalty shall not exceed $150 000.

Request for additional documents

The Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer, Chief Environmental Health Officer or Chief Operations Officer of JRCC may, where necessary, request a ship owner, ship agent or master to submit documents in addition to those submitted under section 11, 13 and 16.

Documents to be signed

Where a document to be submitted through the Maritime Single Window is to be signed, that signature shall be in accordance with subsection (1) of section 8 of the Electronic Transactions Act, Cap. 308B.

(2)

(a)

(b)

(c)

(d)

(3)

21.

22.

26

Correction of errors

Where the ship owner, ship agent or master submits a document through the Maritime Single Window that is not correct in all particulars and the ship owner, ship agent or master can show that the error in the particulars

was inadvertent;

was not of a serious nature;

was not due to recurrent carelessness; and

was not made to violate any

the ship owner, ship agent or master may amend the document and resubmit that document through the Maritime Single Window.

Where the ship owner, ship agent or master submits a document specified in the Ninth Schedule through the Maritime Single Window that is not correct in all particulars and it is found that the error in the particulars

was intentional;

was of a serious nature;

was due to recurrent carelessness; and

was made to violate any enactment,

the ship owner, ship agent or master is liable to pay a fine of $200 for each error that is contained in the document.

23.(1)

(a)

(b)

(c)

(d)

(2)

(a)

(b)

(c)

(d)

27

PART IV

ARRIVAL AND DEPARTURE OF CRUISE SHIPS

Arrival of a cruise ship

Sections 11, 12 and 14 shall apply to a cruise ship which arrives in Barbados from a port outside Barbados.

Documents on arrival of a cruise ship

Notwithstanding subsection (1) of section 11, when a cruise ship arrives in Barbados from a port outside Barbados, the ship owner, ship agent or master of that ship

shall submit the following documents set out in the Convention in the Second Schedule through the Maritime Single Window:

a General Declaration set out in Form 1;

a Ship’s Stores Declaration set out in Form 3;

a Crew’s Effects Declaration set out in Form 4

a Crew List set out in Form 5;

a Passenger List set out in Form 6, or a list compiled by the owner of the ship if that list contains the information required in the Passenger List, and

shall submit the following documents set out in Part A of the Third Schedule through the Maritime Single Window:

a List of Ports of Call set out in Form 2; and

a Maritime Declaration of Health set out in Form 3.

24.

25.

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(i)

(ii)

28

Documents on departure of a cruise ship

Notwithstanding section 18, when a ship is scheduled to depart from Barbados for a port outside Barbados and Barbados is the first port of departure, the ship owner, ship agent or master shall submit through the Maritime Single Window, the following documents set out in the Convention in the Second Schedule:

a General Declaration set out in Form 1;

a Crew List in Form 5; and

a Passenger List in Form 6, or a list compiled by the owner of the ship where that list contains the information required in the Passenger List.

PART V

ARRIVAL AND DEPARTURE OF PASSENGERS AND CREW MEMBERS

Final Certificate of Clearance to be issued before disembarking ship

No passenger or crew member shall disembark a ship including a cruise ship which arrives in Barbados from a port outside Barbados unless that ship has been issued a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule.

Documents required from passengers on arrival

When a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule has been issued, a passenger who seeks to enter Barbados from a port outside Barbados must be the holder of a passport.

Documents required from crew members on arrival

When a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule has been issued, a crew member who seeks to

26.

(a)

(b)

(c)

27.

28.

29.

29

enter Barbados from a port outside Barbados must be the holder of one of the following:

a passport; or

a Seafarers’ Identity Document.

Passengers and crew members arriving without documents

A passenger or crew member who seeks to enter Barbados and is not the holder of a passport or Seafarers’ Identity Document shall not be permitted to enter unless he

explains to an immigration officer why he is not the holder of a passport or Seafarers’ Identity Document; and

establishes his identity and national status to the satisfaction of the immigration officer.

Shore Leave

When a ship arrives in Barbados from a port outside Barbados and remains in the Port, the master of the ship shall grant shore leave to those crew members who are entitled to shore leave while the ship is in the Port.

A crew member shall not require a visa or special permit for the purpose of shore leave granted in accordance with subsection (1).

Where shore leave has not been granted in accordance with subsection (1), the master of the ship shall provide written reasons to

the crew member whose shore leave was denied; and

the Chief Executive Officer of the Port.

Documents required from passengers and crew members on departure

Sections 29 and 30 shall apply to a passenger or crew member who seeks to depart from Barbados for a port outside Barbados.

(a)

(b)

30.

(a)

(b)

31.(1)

(2)

(3)

(a)

(b)

32.

30

Improper documents

Where a passenger or crew member seeking to enter Barbados from a port outside Barbados, or depart from Barbados for a port outside Barbados

fabricates or falsifies any passport, identity document, seafarers’ document or other document; or

uses, utters or possesses, or attempts to use, utter or possess,

any passport, identity document, seafarers’ identity document or other document which has not been lawfully issued or which he is not entitled to use, utter or possess; or

any fabricated or falsified passport, identity document, seafarers’ identity document or other document knowing the same to be fabricated or falsified,

that passenger or crew member is guilty of an offence and is liable on summary conviction to a fine of $5 000 or to imprisonment for 12 months or both.

PART VI

STOWAWAYS

Incidences of stowaways and attempted stowaways to be reported

When a ship arrives in Barbados from a port outside Barbados and a stowaway is discovered on board the ship, the ship owner, ship agent or master shall report immediately the discovery of the stowaway to the Chief Immigration Officer and the Commissioner of Police in the form set out in Part B of the Fourth Schedule.

When a ship is scheduled to depart from Barbados for a port outside Barbados and an attempted stowaway is discovered on board the ship, the ship

33.

(a)

(b)

(i)

(ii)

34.(1)

(2)

31

owner, ship agent or master shall report immediately the discovery of the stowaway to the Chief Immigration Officer and the Commissioner of Police.

Ship owner to defray cost of maintaining stowaway

Where the ship owner, ship agent or master has reported the discovery of a stowaway or attempted stowaway in accordance with section 34 and the stowaway or attempted stowaway disembarks the ship and is taken into the custody of the Chief Immigration Officer, the ship owner shall be responsible for the cost of maintaining the stowaway or attempted stowaway.

Treatment of stowaways

The conditions governing the detention, return and repatriation of an attempted stowaway or a stowaway are set out in Part A of the Fourth Schedule.

PART VII

OFFENCES AND PENALTIES

Offences relating to the submission of false documents

A ship owner, ship agent or master who

submits a false Crew’s Effects Declaration set out in Form 4 of the Convention in the Second Schedule is guilty of an offence and is liable on summary conviction to a fine of $500 000;

submits a false

General Declaration set out in Form 1 of the Convention in the Second Schedule;

Cargo Declaration set out in Form 2 of the Convention in the Second Schedule or a false copy of the ship’s Manifest;

35.

36.

37.(1)

(a)

(b)

(i)

(ii)

32

Ship’s Store Declaration set out in Form 3 of the Convention in the Second Schedule;

Crew List set out in Form 5 of the Convention in the Second Schedule; or

Passenger List set out in Form 6 of the Convention in the Second Schedule or a false copy of a compilation listing the passengers on board the ship,

is guilty of an offence and is liable on summary conviction to a fine of $100 000; or

submits a false Dangerous Goods Manifest set out in Form 7 of the Convention in the Second Schedule is guilty of an offence and is liable on summary conviction to a fine of $2 000 000.

A ship owner, ship agent or master who

submits a false Letter Bill - Bulk Mail under the Universal Postal Convention set out in Form 8 in Part A of the Third Schedule is guilty of an offence and is liable on summary conviction to a fine of $500 000;

submits a false Ship Sanitation Control Exemption Certificate and Ship Sanitation Control Certificate set out in Form 7 in Part A of the Third Schedule is guilty of an offence and is liable on summary conviction to a fine of $1 000 000; or

submits a false

Maritime Declaration of Health set out in Form 3 in Part A of the Third Schedule;

security information as required under SOLAS regulation XI-2/9.2 set out in Form 6 in Part A of the Third Schedule; or

International Certificate of Vaccination or Prophylaxis set out in Form 4 in Part A of the Third Schedule

(iii)

(iv)

(v)

(c)

(2)

(a)

(b)

(c)

(i)

(ii)

(iii)

33

is guilty of an offence and is liable on summary conviction to a fine of $2 000 000.

PART VIII

MISCELLANEOUS

Settlement of disputes

In the case of a dispute between the ship owner, ship agent or master and the Barbados Port Inc., the parties shall consult together with a view to the settlement of the dispute by mediation.

Regulations

The Minister may make regulations generally for giving effect to this Act.

Amendment of Schedules

The Minister may by order amend the First Schedule, Third Schedule, Fifth Schedule, Sixth Schedule, Seventh Schedule, Eighth Schedule and Ninth Schedule.

Consequential amendments

The enactments set out in the first column of the Tenth Schedule are amended in the manner set out opposite thereto in the second column.

Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

38.

39.

40.

41.

42.

34

FIRST SCHEDULE

(Section 2 and 6(3))

National Maritime Transport Facilitation Committee

Appointment of members

The Committee shall comprise of 13 members as follows:

three representatives from the Barbados Port Inc.;

one representative from Port Security;

one representative from the Port Information Technology Department;

one representative from the Port Corporate Department;

two representatives from Port Health;

two representatives from the Customs Department;

two representatives from the Immigration Department;

one representative from a cruise tour operator organization;

one representative from a local shipping company;

two persons appointed by the Minister as follows:

one person who appears to the Minister to be qualified and experienced in economics, accounts, finance, tax, law, public administration or business or such other area as, in the opinion of the Minister, is required for the discharge of the functions of the Board; and

one person nominated by the most representative organisation of employees from among its members.

1.(1)

(a)

(i)

(ii)

(iii)

(b)

(c)

(d)

(e)

(f)

(g)

(i)

(ii)

35

A member shall subject to the provisions of this Schedule

hold office for a term not exceeding 3 years; and

be eligible for reappointment.

The Minister shall, pursuant to subparagraph (3), determine the term of office of a member in such a manner that in any one year the respective terms of office of no more than 3 members expire.

Chairman and Deputy Chairman

The Minister shall appoint a member to be Chairman, and another to be Deputy Chairman, of the Committee.

Resignation

The Chairman may resign his office by instrument in writing addressed to the Minister.

A director, other than the Chairman, may resign his office by instrument in writing addressed to the Chairman, who shall forthwith forward the instrument to the Minister.

A resignation takes effect from the date on which the Minister receives the instrument.

Temporary leave of absence

The Minister may, in writing, grant leave of absence to a member.

Temporary appointment

Where a member is, or is likely to be, unable to perform the functions of his office for more than 30 days, whether as a result of absence from Barbados, illness or other cause, the Minister may appoint a person to act in the place of the member.

(2)

(a)

(b)

(3)

2.

3.(1)

(2)

(3)

4.

5.

36

Revocation of appointment

The Minister shall revoke the appointment of a member who

fails to carry out any of his functions under this Act;

becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health;

is convicted of an offence involving fraud or dishonesty or, in the case of any other offence, is sentenced to a term of imprisonment;

is guilty of serious misconduct in relation to his functions;

is bankrupt or compounds with or suspends payment to his creditors; or

fails to declare his interest in a matter before the Committee.

Vacancies

A vacancy in the membership of the Committee arises on

the death or resignation of a member;

the revocation of the appointment of a member; or

the absence of a member from 4 consecutive meetings of the Committee without the approval of the Minister.

A person who is appointed to fill a vacancy referred to in subparagraph (1) shall hold office only for the unexpired portion of the term of the former member concerned.

Disqualification

A person who

is a member of Parliament;

6.

(a)

(b)

(c)

(d)

(e)

(f)

7.(1)

(a)

(b)

(c)

(2)

8.

(a)

37

other than a person specified in paragraph 1(a)(ii) or (iii), is a public officer within the meaning of the Public Service Act, Cap. 29; or

were he a member, would have to be removed from office pursuant to paragraph 6,

is not eligible to be a member.

Gazetting of appointments

The appointment, resignation, death or removal of a member of the Committee shall be notified in the Official Gazette.

Seal and execution of documents

The seal of the Committee shall be

kept in the custody of the Chairman, the Deputy Chairman or the person performing the functions of secretary to the Committee and may be affixed to documents or instruments pursuant to a resolution of the Committee, in the presence of any 2 of the persons referred to in this subparagraph; and

authenticated by the signature of the Chairman or the Deputy Chairman or the person performing the functions of secretary to the Committee.

All documents or instruments made by the Committee, other than those required by law to be under seal, and all decisions of the Committee shall be signified under the hand of the Chairman or the Deputy Chairman or the person performing the functions of secretary to the Committee.

Meetings

The Committee shall meet quarterly or as often as may be necessary or expedient for the transaction of its business; and such meetings shall be held at such places and times and on such days as the Committee may determine.

The Chairman, or in the event of his absence from Barbados or inability to act as such, the Deputy Chairman, may at any time call a special meeting of

(b)

(c)

9.

10.(1)

(a)

(b)

(2)

11.(1)

(2)

38

the Committee and shall call such a meeting within 7 days of the receipt by him of a request for the purpose addressed to him in writing and signed by not less than 3 members.

The Chairman, or in his absence, the Deputy Chairman, shall preside at all meetings of the Committee.

Where the Chairman and the Deputy Chairman are absent from a meeting, the directors present shall elect a director from among their number to preside at the meeting.

Five members shall constitute a quorum.

The decisions of the Committee shall be by a majority of votes and in a case where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.

Minutes of each meeting shall be kept by the person performing the functions of secretary to the Committee or by such other officer as the Committee appoints for the purpose and shall be confirmed by the Committee and signed by the Chairman or Deputy Chairman at the next meeting of the Committee.

Attendance of non-members at meetings

The Committee may invite any person to attend any of its meetings to assist or advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.

Board may regulate proceedings

Subject to the provisions of this Schedule, the Committee may regulate its own proceedings.

(3)

(4)

(5)

(6)

(7)

12.

13.

39

SECOND SCHEDULE

(Sections 2, 3(1), 11(1)(a), 15, 18, 25, 26, 37(1))

1965 Convention on Facilitation Of International Maritime Traffic (FAL 1965)

Adopted in London, England on 9 April 1965

THE CONTRACTING GOVERNMENTS:

DESIRING to facilitate maritime traffic by simplifying and reducing to a minimum the formalities, documentary requirements and procedures on the arrival, stay and departure of ships engaged in international voyages;

HAVE AGREED as follows:

ARTICLE I

The Contracting Governments undertake to adopt, in accordance with the provisions of the present Convention and its Annex, all appropriate measures to facilitate and expedite international maritime traffic and to prevent unnecessary delays to ships and to persons and property on board.

ARTICLE II

(1) The Contracting Governments undertake to co-operate, in accordance with the provisions of the present Convention, in the formulation and application of measures for the facilitation of the arrival, stay and departure of ships. Such measures shall be, to the fullest extent practicable, not less favourable than measures applied in respect of other means of international transport; however, these measures may differ according to particular requirements.

(2) The measures for the facilitation of international maritime traffic provided for under the present Convention and its Annex apply equally to the ships of coastal and non-coastal States the Governments of which are Parties to the present Convention.

(3) The provisions of the present Convention do not apply to warships or pleasure yachts.

40

ARTICLE III

The Contracting Governments undertake to co-operate in securing the highest practicable degree of uniformity in formalities, documentary requirements and procedures in all matters in which such uniformity will facilitate and improve international maritime traffic and keep to a minimum any alterations in formalities, documentary requirements and procedures necessary to meet special requirements of a domestic nature.

ARTICLE IV

With a view to achieving the ends set forth in the preceding Articles of the present Convention, the Contracting Governments undertake to co-operate with each other or through the Inter- Governmental Maritime Consultative Organization (hereinafter called the "Organization") in matters relating to formalities, documentary requirements and procedures, as well as their application to international maritime traffic.

ARTICLE V

(1) Nothing in the present Convention or its Annex shall be interpreted as preventing the application of any wider facilities which a Contracting Government grants or may grant in future in respect of international maritime traffic under its national laws or the provisions of any other international agreement.

(2) Nothing in the present Convention or its Annex shall be interpreted as precluding a Contracting Government from applying temporary measures considered by that Government to be necessary to preserve public morality, order and security or to prevent the introduction or spread of diseases or pests affecting public health, animals or plants.

(3) All matters that are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.

ARTICLE VI

For the purposes of the present Convention and its Annex:

"Standards" are those measures the uniform application of which by Contracting Governments in accordance with the Convention is necessary and practicable in order to facilitate international maritime traffic;

(a)

41

"Recommended Practices" are those measures the application of which by Contracting Governments is desirable in order to facilitate international maritime traffic.

ARTICLE VII (1) The Annex to the present Convention may be amended by the Contracting Governments, either at the proposal of one of them or by a conference convened for that purpose.

(2) Any Contracting Government may propose an amendment to the Annex by forwarding a draft amendment to the Secretary-General of the Organization (hererinafter called the "Secretary- General"):

Upon the express request of a Contracting Government, the Secretary-General shall communicate any such proposal directly to all Contracting Governments for their consideration and acceptance. If he receives no such express request, the Secretary- General may proceed to such consultations as he deems advisable before communicating the proposal to the Contracting Governments;

Each Contracting Government shall notify the Secretary-General within one year from the receipt of any such communication whether or not it accepts the proposal;

Any such notification shall be made in writing to the Secretary-General who shall inform all Contracting Governments of its receipt;

Any amendment to the Annex under this paragraph shall enter into force six months after the date on which the amendment is accepted by a majority of the Contracting Governments;

The Secretary-General shall inform all Contracting Governments of any amendment which enters into force under this paragraph, together with the date on which such amendment shall enter into force.

(3) A conference of the Contracting Governments to consider amendments to the Annex shall be convened by the Secretary-General upon the request of at least one-third of these Governments. Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments present and voting shall enter into force six months after the date on which the Secretary-General notifies the Contracting Governments of the amendment adopted.

(4) The Secretary-General shall notify promptly all signatory Governments of the adoption and entry into force of any amendment under this Article.

(b)

(a)

(b)

(c)

(d)

(e)

42

ARTICLE VIII (1) Any Contracting Government that finds it impracticable to comply with any Standard by bringing its own formalities, documentary requirements or procedures into full accord with it or which deems it necessary for special reasons to adopt formalities, documentary requirements or procedures differing from that Standard, shall so inform the Secretary-General and notify him of the differences between its own practice and such Standard. Such notification shall be made as soon as possible after entry into force of the present Convention for the Government concerned, or after the adoption of such differing formalities, documentary requirements or procedures.

(2) Notification by a Contracting Government of any such difference in the case of an amendment to a Standard or of a newly adopted Standard shall be made to the Secretary-General as soon as possible after the entry into force of such amended or newly adopted Standard, or after the adoption of such differing formalities, documentary requirements or procedures and may include an indication of the action proposed to bring the formalities, documentary requirements or procedures into full accord with the amended or newly adopted Standard.

(3) Contracting Governments are urged to bring their formalities, documentary requirements and procedures into accord with the Recommended Practices insofar as practicable. As soon as any Contracting Government brings its own formalities, documentary requirements and procedures into accord with any Recommended Practice, it shall notify the Secretary-General thereof.

(4) The Secretary-General shall inform the Contracting Governments of any notification made to him in accordance with the preceding paragraphs of this Article.

ARTICLE IX

The Secretary-General shall convene a conference of the Contracting Governments for revision or amendment of the present Convention at the request of not less than one-third of the Contracting Governments. Any revision or amendments shall be adopted by a two-thirds majority vote of the Conference and then certified and communicated by the Secretary-General to all Contracting Governments for their acceptance. One year after the acceptance of the revision or amendments by two-thirds of the Contracting Governments, each revision or amendment shall enter into force for all Contracting Governments except those which, before its entry into force, make a declaration that they do not accept the revision or amendment. The Conference may by a two- thirds majority vote determine at the time of its adoption that a revision or amendment is of such a nature that any Contracting Government which has made such a declaration and which does not accept the revision or amendment within a period of one year after the revision or amendment enters into force shall, upon the expiration of this period, cease to be a party to the Convention.

43

ARTICLE X (1) The present Convention shall remain open for signature for six months from this day's date and shall thereafter remain open for accession.

(2) The Governments of States Members of the United Nations, or of any of the specialized agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to the present Convention by:

signature without reservation as to acceptance;

signature with reservation as to acceptance followed by acceptance; or

accession.

Acceptance or accession shall be effected by the deposit of an instrument with the Secretary- General.

(3) The Government of any State not entitled to become a Party under paragraph 2 of this Article may apply through the Secretary-General to become a Party and shall be admitted as a Party in accordance with paragraph 2, provided that its application has been approved by two-thirds of the Members of the Organization other than Associate Members.

ARTICLE XI

The present Convention shall enter into force sixty days after the date upon which the Governments of at least ten States have either signed it without reservation as to acceptance or have deposited instruments of acceptance or accession. It shall enter into force for a Government which subsequently accepts it or accedes to it sixty days after the deposit of the instrument of acceptance or accession.

ARTICLE XII

Three years after entry into force of the present Convention with respect to a Contracting Government, such Government may denounce it by notification in writing addressed to the Secretary- General who shall notify all Contracting Governments of the content and date of receipt of any such notification. Such denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Secretary-General.

(a)

(b)

(c)

44

ARTICLE XIII (1) (a) The United Nations in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory, and may at any time by notification in writing given to the Secretary-General declare that the Convention shall extend to such territory.

The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.

The provisions of Article VIII of the present Convention shall apply to any territory to which the Convention is extended in accordance with the present Article; for this purpose, the expression "its own formalities, documentary requirements or procedures" shall include those in force in that territory.

The present Convention shall cease to extend to any territory one year after the receipt by the Secretary-General of a notification to this effect, or on such later date as may be specified therein.

(2) The Secretary-General shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph 1 of this Article, stating in each case the date from which the Convention has been so extended.

ARTICLE XIV

The Secretary-General shall inform all signatory Governments, all Contracting Governments and all Members of the Organization of:

the signatures affixed to the present Convention and the dates thereof;

the deposit of instruments of acceptance and accession together with the dates of their deposit;

the date on which the Convention enters into force in accordance with Article XI;

any notification received in accordance with Articles XII and XIII and the date thereof;

the convening of any conference under Articles VII or IX.

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

45

ARTICLE XV

The present Convention and its Annex shall be deposited with the Secretary-General who shall transmit certified copies thereof to signatory Governments and to acceding Governments. As soon as the present Convention enters into force, it shall be registered by the Secretary-General in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XVI

The present Convention and its Annex shall be established in the English and French languages, both texts being equally authentic. Official translations shall be prepared in the Russian and Spanish languages and shall be deposited with the signed originals.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.

DONE at London this ninth day of April 1965.

ANNEX

Section 1 - Definitions and general provisions

Definitions

For the purpose of the provisions of this annex, the following meanings shall be attributed to the terms listed:

Attempted stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.

Cargo. Any goods, wares, merchandise, and articles of every kind whatsoever carried on a ship, other than mail, ship's stores, ship's spare parts, ship's equipment, cargo transport units not carried under a contract of carriage with a shipper, crew's effects and passengers' accompanied baggage.

Cargo transport unit (CTU). A freight container, swap-body, vehicle, railway wagon or any other similar unit.

Clearance. Accomplishment of customs and/or other formalities necessary to:

A.

46

Permit goods to enter home use, to be exported or to be placed under another customs procedure (so called customs clearance),

Permit persons to enter the territory of a State, or

Permit a ship to enter or depart a port within the territory of a State.

Crew's effects. Clothing, items in everyday use and other articles, which may include currency, belonging to the crew and carried on the ship.

Crew member. Any person actually employed for duties on board during a voyage in the working or service of a ship and included in the crew list.

Cruise ship. A ship on an international voyage carrying passengers participating in a group programme and accommodated aboard, for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally:

embark or disembark any other passengers;

load or discharge any cargo.

Document. Information presenting data by electronic means or by non-electronic means.

Estimated time of arrival (ETA). Time when a ship estimates it will arrive at the pilot station serving a port or, when it expects to enter a specific location in the port area, where port regulations apply.

Freight container. An article of transport equipment that is of a permanent character and accordingly strong enough to be suitable for repeated use; specially designed to facilitate the transport of goods, by one or other modes of transport, without intermediate reloading: designed to be secured and/or readily handled, having fittings for these purposes, and approved in accordance with the International Convention for Safe Containers (CSC), 1972, as amended. The term "freight container" includes neither vehicle nor packaging; however a freight container that is carried on a chassis is included.

ISPS Code. The "International Ship and Port Facility Security (ISPS) Code" adopted on 12 December 2002 by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as may be amended by the Organization.

Manifest. Document recapitulating the various data from bills of lading and other transport documents issued for the carriage of goods on board ships.

(a)

(b)

(c)

(a)

(b)

47

Master. The person having command of a ship.

Passenger in transit. A passenger who arrives by ship from a foreign country for the purpose of continuing his/her journey by ship or some other means of transport to a foreign country.

Passengers' accompanied baggage. Property, which may include currency, carried for a passenger on the same ship as the passenger, whether in his/her personal possession or not, so long as it is not carried under a contract of carriage of goods or other similar agreement.

Port. Any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships, or any other place at which a ship can call.

Postal items. Correspondence and other objects tendered to be carried by a ship for carriage by postal administrations and intended for delivery to postal administrations in the ship's ports of call.

Public authorities. The agencies or officials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the Standards and Recommended Practices contained in this annex.

Release. Action taken by customs authorities to permit goods undergoing clearance to be placed at the disposal of the persons concerned.

Security measures. Measures developed and implemented in accordance with international agreements to improve security on board ships, in port areas, facilities and of goods moving in the international supply chain to detect and prevent unlawful acts.

Ship agent. The party representing the ship's owner and/or charterer (the Principal) in port. If so instructed, the agent is responsible to the Principal for arranging, together with the port, a berth, all relevant port and husbandry services, tending to the requirements of the master and crew, clearing the ship with the port and other authorities (including preparation and submission of appropriate documentation) along with releasing or receiving cargo on behalf of the Principal.

Shipowner. One who owns or operates a ship, whether a person, a corporation or other legal entity, and any person other than the ship agent acting on behalf of the owner or operator.

Ship's documents. Certificates and other documents which must be made available by a ship's master in order to demonstrate the ship's compliance with international or national regulations.

48

Ship's equipment. Articles, other than ship's spare parts, on board a ship for use thereon, which are removable but not of a consumable nature, including accessories such as lifeboats, life-saving devices, furniture, ship's apparel and similar items.

Ship's spare parts. Articles of a repair or replacement nature for incorporation into the ship in which they are carried.

Ship's stores. Goods for use in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants, but excluding ship's equipment and ship's spare parts.

Shipper. The party named on the bill of lading or waybill as shipper and/or who concludes a contract of carriage (or in whose name or on whose behalf a contract of carriage has been concluded) with a carrier. The shipper is known also as the sender.

Shore leave. Permission for a crew member to be ashore during the ship's stay in port within such geographical or time limits, if any, as may be decided by the public authorities.

Single Window. A facility that allows submission of standardized information covered by the Convention to a single entry point.

Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities.

Temporary admission. The customs procedure under which certain goods can be brought into a customs territory conditionally relieved, totally or partially, from payment of import duties and taxes and without application of import prohibitions or restrictions of economic character; such goods must be imported for a specific purpose and must be intended for re-exportation within a specified period and without having undergone any change except normal depreciation owing to the use made of them.

Time of arrival. Time when a ship first comes to rest, whether at anchor or at a dock, in a port.

Transport document. Information evidencing a contract of carriage between a shipowner and a shipper, such as a sea waybill, a bill of lading or a multi-modal transport document.

General ProvisionsB.

49

In conjunction with paragraph 2 of article V of the Convention, the provisions of this annex shall not preclude public authorities from taking such appropriate measures, including calling for further information, as may be necessary in cases of suspected fraud, or to deal with special problems constituting a grave danger to public order (ordre public), public security or public health, such as unlawful acts against the safety of maritime traffic and illicit trafficking in narcotic drugs and psychotropic substances, or to prevent the introduction or spread of disease or pests affecting animals or plants.

Standard. Public authorities shall in all cases require only essential information to be furnished, and shall keep the number of items to a minimum.

Not in use.

Recommended Practice. Notwithstanding the fact that documents for certain purposes may be separately prescribed and required in this annex, public authorities, bearing in mind the interests of those who are required to complete the documents as well as the purposes for which they are to be used, should provide for any two or more such documents that are to be submitted by the same party to be combined into one in any case in which this is practicable and in which an appreciable degree of facilitation would result.

Recommended Practice. Measures and procedures imposed by Contracting Governments for the purposes of security or preventing the trafficking of narcotics should be efficient. Such measures and procedures (e.g. risk management and cross-checking of information) should be implemented in such a manner as to cause a minimum of interference with, and to prevent unnecessary delays to, ships and persons or property on board.

Systems for the electronic exchange of information

Standard. Public authorities shall take all necessary measures for the establishment of systems for the electronic exchange of information by 8 April 2019.

Standard. Public authorities, when introducing systems for the electronic exchange of information to assist clearance processes, shall provide shipowners and other parties concerned with the necessary information about the systems requirements and give an adequate period of transition before the use of the systems are made mandatory. A period of no less than 12 months for transition to the mandatory use of the systems shall be provided from the date of the introduction of such systems.

1.1.

1.1.1.

1.2.

1.3.

C.

1.3bis.

1.3ter.

50

Recommended Practice. Public authorities should, for a transitional period, allow for the submission of required information for clearance processes in both electronic and paper form.

Recommended Practice. Contracting Governments should encourage public authorities to introduce arrangements to enable the submission of all the information required by public authorities in connection with the arrival, stay and departure of ships, persons and cargo, avoiding duplication, to a "Single Window".

Consideration should also be given to such a Single Window serving as the mechanism through which the public authorities communicate decisions and other information covered by this Convention.

Not in use.

Not in use.

Standard. Public authorities, when introducing systems for the electronic exchange of information for clearance processes, shall limit the information they require from shipowners and other parties concerned to that required by the FAL Convention.

Standard. When introducing systems for the electronic exchange of information required by public authorities for the arrival, stay and departure of the ship, persons and cargo to facilitate clearance processes, Contracting Governments shall encourage public authorities and other parties concerned (shipowners, handling companies, seaports, and/or cargo agents, etc.) to exchange data in conformity with the relevant UN Standards, including UN Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT) Standards, or other internationally agreed Standards, such as the XML Standard.

Recommended Practice. When introducing new electronic message formats, public authorities should continue to allow for the usage of existing electronic message formats in agreement with the parties concerned.

Recommended Practice. When planning for, introducing or modifying systems for the electronic exchange of information for clearance processes, public authorities should:

afford all interested parties, from the outset, the opportunity for consultation;

evaluate existing procedures and eliminate those which are unnecessary;

determine those procedures which are to be computerized;

1.3quart.

1.3quin.

1.4.

1.5.

1.6.

1.6bis.

1.6ter.

1.7.

(a)

(b)

(c)

51

use United Nations (UN) Recommendations, WCO Information Packages and relevant ISO Standards to the maximum extent practicable;

adapt these systems for multimodal applications;

take appropriate steps to minimize the cost of implementing these systems to operators and other private parties; and

give attention to the desirability of obtaining compatibility with other relevant information systems.

Recommended Practice. Contracting Governments should encourage public authorities and other parties concerned to cooperate or participate directly in the development of electronic systems using internationally agreed Standards with a view to enhancing the exchange of information relating to the arrival, stay and departure of ships, persons and cargo and assuring inter-operability between the systems of public authorities and other parties concerned.

Not in use.

Not in use.

Illicit drug trafficking

Recommended Practice. Public authorities should seek to establish cooperation arrangements with shipowners and other parties concerned to improve their ability to combat drug smuggling, while providing enhanced facilitation. Such arrangements could be based on the World Customs Organization Memoranda of Understanding and the associated guidelines.

Standard. Where, as part of cooperation arrangements, public authorities, shipowners, and other parties concerned are provided access to sensitive commercial and other information, the information shall be treated confidentially.

Control techniques.

Standard. Public authorities shall use risk management to enhance their border control procedures related to:

the release/clearance of cargo;

security requirements; and

their ability to target smuggling,

(d)

(e)

(f)

(g)

1.7.1.

1.8.

1.8.1.

D.

1.9.

1.10.

E.

1.11.

52

thereby facilitating the legitimate circulation of persons and goods.

Section 2 - Arrival, stay and departure of the ship This section contains the provisions concerning the formalities required of shipowners by the public authorities on the arrival, stay and departure of the ship and shall not be read so as to preclude a requirement for the presentation, for inspection by the appropriate authorities, of certificates and other documents made available by the ship pertaining to its registry, measurement, safety, manning and other related matters.

General

Standard. Public authorities shall not require for their retention, on arrival or departure of ships to which the Convention applies, any documents other than those covered by the present section. The documents in question are:

General Declaration

Cargo Declaration

Ship's Stores Declaration

Crew's Effects Declaration

Crew List

Passenger List

Dangerous Goods Manifest

The document required under the Universal Postal Convention for mail

Maritime Declaration of Health

Security-related information as required under SOLAS regulation XI-2/9.2.2

Advance electronic cargo information for customs risk assessment purposes

Advanced Notification Form for Waste Delivery to Port Reception Facilities, when communicated to the Organization.

Standard. Contracting Governments shall not require consular formalities, charges or fees in connection with documents for the clearance of ships, including the electronic submission of documents.

A.

2.1.

2.1.1.

53

Standard. Public authorities shall develop procedures for the lodgement of pre- arrival and pre-departure information in order to facilitate the processing of such information for the expedited subsequent release/clearance of cargo and persons.

Recommended Practice. National legislation should specify the conditions for the lodgement of pre-arrival and pre-departure information. With regard to the point in time of transmission of the pre-arrival information, it should not normally be set before the moment the ship has left the country of departure. However, national legislation could, in addition to the basic rule, also specify the exceptions from this principle where required, e.g. for voyages of short duration.

Recommended Practice. Public authorities should, for the submission of advance electronic cargo information for customs risk assessment purposes, take into account the time limits specified in the WCO SAFE Framework of Standards.

Recommended Practice. Public authorities should not require the lodgement of a separate General Declaration, Cargo Declaration, Crew List, Passenger List and Dangerous Goods Manifest if the data elements contained in these documents are included in the pre-arrival or pre-departure information or in the ship's manifest.

Standard. Public authorities shall reuse the pre-arrival and pre-departure information in subsequent procedures where such data is required.

Contents and purpose of documents

Standard. The General Declaration shall be the basic document on arrival and departure providing data required by public authorities relating to the ship.

Recommended Practice. The same form of General Declaration should be accepted for both the arrival and the departure of the ship.

Recommended Practice. In the General Declaration, public authorities should not require more than the following data:

name, type and IMO number of ship

call sign

flag State of ship

voyage number

2.1.2.

2.1.3.

2.1.3bis.

2.1.4.

2.1.5.

B.

2.2.

2.2.1.

2.2.2.

54

particulars regarding registry

particulars regarding tonnage

name of master

name and contact details of ship's agent

brief description of the cargo

number of crew

number of passengers

brief particulars of voyage

date and time of arrival/departure

port of arrival/departure

the ship's requirements in terms of waste and residue reception facilities

last port of call/next port of call.

Standard. Public authorities shall accept that the General Declaration is either dated and signed by the master, the ship's agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.

Standard. The Cargo Declaration shall be the basic document on arrival and departure providing data required by public authorities relating to the cargo. However, particulars of any dangerous cargo may also be required to be furnished separately.

Recommended Practice. In the Cargo Declaration, public authorities should not require more than the following data:

on arrival

name and IMO number of ship

flag State of ship

name of master

voyage number

port of loading

port where report is made

2.2.3.

2.3.

2.3.1.

(a)

55

freight container identification, where appropriate; marks and numbers; number and kind of packages; quantity and description of the goods or, if available, the Harmonized System (HS) code

transport document numbers for cargo to be discharged at the port in question

ports at which cargo remaining on board will be discharged

original ports of shipment in respect of goods shipped under multimodal transport documents or through bills of lading

on departure

name and IMO number of ship

flag State of ship

name of master

voyage number

port of discharge

in respect of goods loaded at the port in question: freight container identification, where appropriate; marks and numbers; number and kind of packages; quantity and description of the goods or, if available, the Harmonized System (HS) code

transport document numbers for cargo loaded at the port in question.

Standard. In respect of cargo remaining on board, public authorities shall require only brief details of the minimum essential items of information to be furnished.

Standard. Public authorities shall accept that the Cargo Declaration is either dated and signed by the master, the shipowner issuing the transport document, the ship's agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.

Standard. Public authorities shall accept in place of the Cargo Declaration a copy of the ship's manifest provided it contains at least the information required in accordance with Recommended Practice 2.3.1 and Standard 2.3.2 and is signed or authenticated, and dated, in accordance with Standard 2.3.3.

Recommended Practice. As an alternative to Standard 2.3.4, public authorities may accept a copy of the transport document signed or authenticated in accordance with Standard 2.3.3, or certified as a true copy, if the nature and quantity of cargo make this practicable and

(b)

2.3.2.

2.3.3.

2.3.4.

2.3.4.1.

56

provided that any data required and identified in accordance with Recommended Practice 2.3.1 and Standard 2.3.2 which does not appear in such documents is also furnished elsewhere and duly certified.

Standard. Public authorities shall allow unmanifested parcels in possession of the master to be omitted from the Cargo Declaration provided that particulars of these parcels are furnished separately.

Standard. The Ship's Stores Declaration shall be the basic document on arrival and departure providing information required by public authorities relating to ship's stores.

Standard. Public authorities shall accept that the Ship's Stores Declaration is either dated and signed by the master or by some other ship's officer duly authorized by the master and having personal knowledge of the facts regarding the ship's stores, or authenticated in a manner acceptable to the public authority concerned.

Standard. The Crew's Effects Declaration shall be the basic document providing information required by public authorities relating to crew's effects. It shall not be required on departure.

Standard. Public authorities shall accept that the Crew's Effects Declaration is either dated and signed by the master or by some other ship's officer duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned. For the purpose of onboard verification, the public authorities may also require each crew member to sign or verify in a manner acceptable to the public authorities the declaration relating to his/her personal effects.

Recommended Practice. Public authorities should normally require particulars of only those crew's effects which would not qualify for relief from customs duties and taxes or which are subject to prohibitions or restrictions.

Standard. The Crew List shall be the basic document required by public authorities containing data relating to the number and composition of the crew on the arrival and departure of a ship.

Standard. In the Crew List, public authorities shall not require more than the following data:

name and IMO number of ship

flag State of ship

2.3.5.

2.4.

2.4.1.

2.5.

2.5.1.

2.5.2.

2.6.

2.6.1.

57

call sign

voyage number

family name

give names

nationality

rank or rating

gender

date and place of birth

nature and number of identity document

issuing State of identity document

expiry date of identity document

port and date of arrival/departure of the ship

last pot of call.

Standard. Public authorities shall accept that the Crew List is either dated and signed by the master or by some other ship's officer duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.

Not in use.

Recommended Practice. The Passenger List shall be the basic document required by public authorities containing the data relating to passengers on the arrival and departure of a ship.

Standard. In the Crew List, public authorities shall not require more than the following data:

Not in use.

Recommended Practice. Public authorities should not require embarkation or disembarkation cards in addition to Passenger Lists in respect of passengers whose names appear on those Lists. However, where public authorities have special problems constituting a grave danger to public health, a person on an international voyage may on arrival be required to give a destination address in writing.

2.6.2.

2.6.3.

2.6.4.

2.7.

2.7.1.

2.7.2.

58

Standard. In the Passenger List, public authorities shall not require more than the following data

name and IMO number of ship

call sign

flag State of ship

voyage number

family name

give names

nationality

date of birth

place of birth

gender

type of identity document

serial number if identity or travel document

issuing State of identity document

expiry date of identity document

port of embarkation

port and date of arrival/departure of the ship

transit passenger or not.

Recommended Practice. A list compiled by the shipowners for their own use should be accepted in place of the Passenger List, provided it contains at least the information required in accordance with Standard 2.7.3 and is dated and signed or authenticated in accordance with Standard 2.7.5.

Standard. Public authorities shall accept that the Passenger List is either dated and signed by the master, the ship's agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.

Standard. The Dangerous Goods Manifest shall be the basic document providing public authorities with the information regarding dangerous goods.

2.7.3.

2.7.4.

2.7.5.

2.8.

59

Standard. In the Dangerous Goods Manifest public authorities shall not require more than the following information:

name of ship

IMO number

call sign

flag State of ship

port of loading

port of discharge

stowage position

reference number

marks and numbers

freight container identification No(s).

vehicle registration No(s).

UN Number

proper shipping name/(Technical Specifications)

class/(subsidiary risk(s))

packing group

additional information/marine pollutant/flash point/etc.

number and kind of packages

mass (kg) or volume (L)

EmS

shipping agent.

Standard. Public authorities shall not require on arrival or departure of the ship any written declaration in respect of postal items other than that prescribed in the Universal Postal Convention, provided the latter is actually produced. In the absence of such a document, the postal objects (number and weight) must be shown in the Cargo Declaration.

2.8.1.

2.9.

60

Standard. The Maritime Declaration of Health shall be the basic document containing the data required by port health authorities relating to the state of health on board a ship during the voyage and on arrival at a port.

Documents on arrival

Standard. Until the expiration of the transitional period referred to in Standard 1.3ter, public authorities shall in respect of a ship's arrival in port not require more than:

5 copies of the General Declaration

4 copies of the Cargo Declaration

4 copies of the Ship's Stores Declaration

2 copies of the Crew's Effects Declaration

4 copies of the Crew List

4 copies of the Passenger List

1 copy of the Dangerous Goods Manifest

1 copy of the Maritime Declaration of Health

1 copy of the security-related information as required under SOLAS regulation XI-2/9.2.2

1 copy of the Advanced Notification Form for Waste Delivery to Port Reception Facilities when communicated to the Organization.

Upon expiration of the transitional period, paper copies shall not be required except in case of force majeure where means of electronic transmission are unavailable.

Documents on departure

Standard. Until the expiration of the transitional period referred to in Standard 1.3ter, public authorities shall in respect of a ship's departure from port not require more than:

5 copies of the General Declaration

4 copies of the Cargo Declaration

3 copies of the Ship's Stores Declaration

2 copies of the Crew List

2.10.

C.

2.11.

D.

2.12.

61

2 copies of the Passenger List

1 copy of the Dangerous Goods Manifest.

Upon expiration of the transitional period, paper copies shall not be required except in case of force majeure where means of electronic transmission are unavailable.

Standard. A new Cargo Declaration shall not be required on departure from a port in respect of cargo which has been the subject of a declaration on arrival in that port and which has remained on board.

Recommended Practice. A separate Ship's Stores Declaration on departure should not be required in respect of ship's stores which have been the subject of a declaration on arrival, nor in respect of stores shipped in the port and covered by another customs document presented for the purpose in that port.

Standard. Where public authorities require information about the crew of a ship on its departure from the port, one of the copies of the Crew List presented on arrival at the port shall be accepted on departure, provided it is signed again by the master or an officer duly authorized by him/her, and endorsed or authenticated in a manner acceptable to the public authority concerned, to indicate any change in the number or composition of the crew at the time of the ship's departure or to indicate that no such change has occurred during the ship's stay in the port.

Not in use.

Consecutive calls at two or more ports in the same State

Standard. Taking into account the procedures carried out on the arrival of a ship at the first port of call in the territory of a State, shipowners shall only be obligated to submit required information once to the public authorities of a State. The formalities and documents required by the public authorities at any subsequent port of call in that country visited without intermediate call at a port in another country shall be kept to a minimum.

Completion of documents

Recommended Practice. Public authorities should as far as possible accept the documents provided for in this annex, except as regards Standard 3.7, irrespective of the language in which the required data is furnished thereon, provided that they may require a written or oral translation into one of the official languages of their country or of the Organization when they deem it necessary.

2.12.1.

2.12.2.

2.12.3.

2.13.

E.

2.14.

F.

2.15.

62

Standard. If public authorities require documents in paper form, they shall accept documents conveyed by any legible and understandable medium, including documents handwritten in ink or indelible pencil or produced by the use of information technology.

Standard. Public authorities shall accept a signature, when required, in handwriting, in facsimile, perforated, stamped, in symbols, or made by any other mechanical or electronic means, if such acceptance is not inconsistent with national laws. The authentication of information submitted on non-paper media shall be in a manner that is acceptable to the public authority concerned and which facilitates the electronic submission of the information by the parties concerned irrespective of their residence.

Standard. Public authorities of the country of any intended port of arrival, discharge, or transit shall not require any document relating to the ship, its cargo, stores, passengers or crew, as mentioned in this section, to be legalized, verified, authenticated, or previously dealt with by any of their representatives abroad. This shall not be deemed to preclude a requirement for the presentation of a passport or other identity document of a passenger or crew member for visa or similar purposes.

Errors and amendments in documentation and penalties therefor

Standard. Public authorities shall, without delaying the ship, allow correction of errors in a document provided for in this annex which they are satisfied are inadvertent, not of a serious nature, not due to recurrent carelessness and not made with intent to violate laws or regulations, on the condition that these errors are discovered before the document is fully checked and the corrections can be effected without delay.

Standard. If errors are found in the data transmitted as provided for in appendix 1 of this annex, which have been signed by or on behalf of a shipowner or master, or otherwise authenticated, no penalties shall be imposed until an opportunity has been given to satisfy the public authorities that the errors were inadvertent, not of a serious nature, not due to recurrent carelessness and not made with intent to violate the laws or regulations of the port State.

Standard. Public authorities shall allow for amendments to information already submitted in accordance with applicable laws and regulations.

Special measures of facilitation for ships calling at ports in order to put ashore sick or injured crew members, passengers, persons rescued at sea or other persons for emergency medical treatment

2.16.

2.16.1.

2.17.

G.

2.18.

2.19.

2.19bis.

H.

63

Standard. Public authorities shall seek the cooperation of shipowners to ensure that, when ships intend to call at ports for the sole purpose of putting ashore sick or injured crew members, passengers, persons rescued at sea, or other persons for emergency medical treatment, the master shall give the public authorities as much notice as possible of that intention, with the fullest possible details of the sickness or injury and of the identity of the persons.

Standard. Public authorities shall, by the fastest channels available, inform the master, before the arrival of the ship, of the documentation and the procedures necessary to put the sick or injured persons ashore expeditiously and to clear the ship without delay.

Standard. With regard to ships calling at ports for this purpose and intending to leave again immediately, public authorities shall give priority in berthing if the state of the sick person or the sea conditions do not allow a safe disembarkation in the roads or harbour approaches.

Standard. With regard to ships calling at ports for this purpose and intending to leave again immediately, public authorities shall not require the documents mentioned in Standard 2.1 with the exception of the Maritime Declaration of Health, and, if it is indispensable, the General Declaration. Public authorities shall in such situations waive the time limits for the submission of the documents.

Standard. Where public authorities require the General Declaration, this document shall not contain more data than those mentioned in Recommended Practice 2.2.2 and, wherever possible, shall contain less.

Standard. Where the public authorities apply control measures related to the arrival of a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.

Standard. Where the public authorities apply control measures related to the arrival of a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.

Standard. Emergency medical treatment and measures for the protection of public health shall take precedence over any control measures which public authorities may apply to sick or injured persons being put ashore.

Section 3 - Arrival and departure of persons

This section contains the provisions concerning the formalities required by public authorities from crew and passengers on the arrival or departure of a ship.

2.20.

2.21.

2.22.

2.23.

2.24.

2.25.

2.26.

2.27.

64

Arrival and departure requirements and procedures

Standard. A valid passport shall be the basic document providing public authorities with information relating to the individual passenger on arrival or departure of a ship.

Recommended Practice. Contracting Governments should as far as possible agree, by bilateral or multilateral agreements, to accept official documents of identity in lieu of passports.

Standard. Public authorities shall make arrangements whereby passports, or official documents of identity accepted in their place, from ship's passengers need be inspected by the immigration authorities only once at the time of arrival and once at the time of departure. In addition, these passports or official documents of identity may be required to be produced for the purpose of verification or identification in connection with customs and other formalities on arrival and departure.

Standard. After individual presentation of passports or official documents of identity accepted in their place, public authorities shall hand back such documents immediately after examination rather than withholding them for the purpose of obtaining additional control, unless there is some obstacle to the admission of a passenger to the territory.

Standard. Each Contracting Government shall ensure that the public authorities seize fraudulent, falsified or counterfeit travel documents of inadmissible persons. Such documents shall be removed from circulation and returned to the appropriate authorities when practicable. In place of a seized document, a covering letter shall be issued by the removing State and attached to it will be a photocopy of the forged travel documents, if available, as well as any important information. The covering letter and its attachment shall be handed over to the operator responsible for the removal of the inadmissible person. It will serve to give information to the authorities at the transit and/or the original point of embarkation.

Standard. Contracting Governments shall accept for examination a person being returned from his/her point of disembarkation after having been found inadmissible if this person had embarked in their territory. Contracting Governments shall not return such a person to the country where he or she was earlier found to be inadmissible.

Standard. Before passengers and crew are accepted for examination as to their admissibility into the State, responsibility for their custody and care shall remain with the shipowner.

Recommended Practice. After acceptance of passengers and crew for examination, whether conditional or unconditional and if the persons concerned are under the physical control

A.

3.1.

3.1.1.

3.2.

3.3.

3.3.1.

3.3.2.

3.3.3.

3.3.4.

65

of the public authorities, the public authorities should be responsible for their custody and care until they are admitted for entry or are found to be inadmissible.

Standard. The obligation of a shipowner to transport any person away from the territory of a State shall terminate from the moment such a person has been definitely admitted into that State.

Standard. Where a person is found to be inadmissible, the public authorities shall, without unreasonable delay, inform the shipowner and consult the shipowner regarding the arrangements for removal. The shipowner is responsible for the costs of stay and removal of an inadmissible person and, in the case where the person is transferred back to the custody of the shipowner, the shipowner shall be responsible for effecting his/her prompt removal to:

the country of embarkation; or

to any other place where the person is admissible.

Standard. Contracting Governments and shipowners shall cooperate, where practicable, to establish the validity and authenticity of passports and visas.

Recommended Practice. Public authorities should not require from embarking or disembarking passengers, or from shipowners on their behalf, any information in writing supplementary to or repeating that already presented in their passports or official documents of identity, other than as necessary to complete any documents provided for in this annex.

Recommended Practice. Public authorities which require written supplementary information, other than as necessary to complete any documents provided for in this annex, from embarking or disembarking passengers should limit requirements for further identification of passengers to the items set forth in Recommended Practice 3.6 (embarkation/disembarkation card). Public authorities should accept the embarkation/disembarkation card when completed by the passenger and should not require that it be completed or checked by the shipowner. Legible handwritten script should be accepted on the card, except where the form specifies block lettering. One copy only of the embarkation/disembarkation card, which may include one or more simultaneously prepared carbon copies, should be required from each passenger.

Recommended Practice. In the embarkation/disembarkation card, public authorities should not require more than the following information:

family name

give names

3.3.5.

3.3.6.

3.3.7.

3.4.

3.5.

3.6.

66

nationality

number and expiry date of passport or other official identity document

date of birth

place of birth

port of embarkation/disembarkation

gender

destination address

signature.

Standard. In cases where evidence of protection against yellow fever is required from persons on board a ship, public authorities shall accept the International Certificate of Vaccination or Re-Vaccination in the forms provided for in the International Health Regulations.

Recommended Practice. Medical examination of persons on board or of persons disembarking from ships should normally be limited to those persons arriving from an area infected with quarantinable diseases within the incubation period of the disease concerned (as stated in the International Health Regulations). Additional medical examination may, however, be required in accordance with the International Health Regulations.

Recommended Practice. Public authorities should normally perform customs inspections of inbound passengers' accompanied baggage on a sampling or selective basis. Written declarations in respect of passengers' accompanied baggage should be dispensed with as far as possible.

Recommended Practice. Public authorities should, wherever possible, waive inspections of accompanied baggage of departing passengers, with due regard to the possible need to impose appropriate security measures preferably by automated means to facilitate review.

Recommended Practice. Where inspection of accompanied baggage of departing passengers cannot be waived completely, such inspection should normally be performed on a sampling or selective basis.

Standard. A passport or an identity document issued in accordance with relevant ILO Conventions, or else a valid and duly recognized seafarer's identity document, shall be the basic document providing public authorities with information relating to the individual member of the crew on arrival or departure of a ship.

3.7.

3.8.

3.9.

3.9.1.

3.9.2.

3.10.

67

Standard. In the seafarer's identity document, public authorities shall not require more than the following information:

family name

give names

gender

date and place of birth

nationality

physical characteristics

photograph (authenticated)

signature

date of expiry (if any)

issuing public authority.

Standard. When it is necessary for a seafarer to enter or leave a country as a passenger by any means of transportation for the purpose of:

joining his/her ship or transferring to another ship,

passing in transit to join his/her ship in another country, or for repatriation, or for any other purpose approved by the authorities of the country concerned,

public authorities shall accept from that seafarer in place of a passport the valid seafarer's identity document, when this document guarantees the readmission of the bearer to the country which issued the document.

Recommended Practice. Public authorities should not normally require presentation of individual identity documents or of information supplementing the seafarer's identity document in respect of members of the crew other than that given in the Crew List.

Measures to facilitate clearance of passengers, crew and baggage

Recommended Practice. Public authorities should, with the cooperation of shipowners and port authorities and/or port administration, take appropriate measures to the end that satisfactory port traffic flow arrangements may be provided so that passengers, crew and baggage can be cleared rapidly, should provide adequate personnel, and should ensure that adequate installations are provided, particular attention being paid to baggage loading, unloading

3.10.1.

3.10.2.

(a)

(b)

3.10.3.

B.

3.11.

68

and conveyance arrangements (including the use of mechanized systems) and to points where passenger delays are frequently found to occur. Arrangements should be made, when necessary, for passage under shelter between the ship and the point where the passenger and crew check is to be made. Such arrangements and installations should be flexible and capable of expansion to meet increased security measures during higher security levels.

Recommended Practice. Public authorities should:

in cooperation with shipowners and port authorities, introduce suitable arrangements, such as:

an individual and continuous method of processing passengers and baggage;

a system which would permit passengers readily to identify and obtain their checked baggage as soon as it is placed in an area where it may be claimed; and

ensuring that facilities and services are available to meet the needs of elderly and disabled passengers;

ensure that port authorities take all necessary measures so that:

easy and speedy access for passengers and their baggage, to and from local transport, is provided; and

if crews are required to report to premises for governmental purposes, those premises should be readily accessible, and as close to one another as practicable.

Recommended Practice. Public authorities should consider, as a means of ensuring prompt clearance, the introduction of the dual-channel system for the clearance of passengers, and their baggage and private road vehicles.

Standard. Public authorities shall require that shipowners ensure that ship's personnel take all appropriate measures which will help expedite arrival procedures for passengers and crew. These measures may include:

furnishing public authorities concerned with an advance message giving the best estimated time of arrival, followed by information as to any change in time, and stating the itinerary of the voyage where this may affect inspection requirements;

having ship's documents ready for prompt review;

3.11.1.

(a)

(i)

(ii)

(iii)

(b)

(i)

(ii)

3.11.2.

3.12.

(a)

(b)

69

providing for ladders or other means of boarding to be rigged while the ship is en route to berth or anchorage; and

providing for prompt, orderly assembling and presentation of persons on board, with necessary documents, for inspection, with attention to arrangements for relieving crew members for this purpose from essential duties in engine-rooms and elsewhere.

Recommended Practice. The practice of entering names on passenger and crew documents should be to put the family name or names first. Where both paternal and maternal family names are used, the paternal family name should be placed first. Where for married women both the husband's and wife's paternal family names are used, the husband's paternal family name should be placed first.

Standard. Public authorities shall, without unreasonable delay, accept persons present on board a ship for examination as to their admissibility into the State.

Recommended Practice. Public authorities should not impose unreasonable or disproportionate fines upon shipowners, in the event that any control document in possession of a passenger is found by public authorities to be inadequate, or if, for that reason, the passenger is found to be inadmissible to the State.

Standard. Public authorities shall encourage shipowners to take precautions at the point of embarkation with a view to ensuring that passengers are in possession of any control documents prescribed by the receiving or transit States.

Standard. When a person is found to be inadmissible and is removed from the territory of the State, the shipowner shall not be precluded from recovering, from such a person, any costs arising from his/her inadmissibility.

Recommended Practice. For use at marine terminals and on board ships in order to facilitate and expedite international maritime traffic, public authorities should implement or, where the matter does not come within their jurisdiction, recommend responsible parties in their country to implement standardized international signs and symbols developed or accepted by the Organization in cooperation with other appropriate international organizations and which, to the greatest extent practicable, are common to all modes of transport.

Special facilities for marine transport of elderly and disabled passengers

(c)

(d)

3.13.

3.14.

3.15.

3.15.1.

3.15.2.

3.15.3.

C.

70

Recommended Practice. Measures should be taken to ensure that all necessary information on transport and safety is readily available for passengers who have impaired hearing or vision.

Recommended Practice. For elderly and disabled passengers being set down or picked up at a terminal building, reserved points should be located as close as possible to main entrances. These should be clearly marked with appropriate signs. Access routes should be free of obstacles.

Recommended Practice. Where access to public services is limited, every effort should be made to provide accessible and reasonably priced public transportation services by adapting current and planned services or by providing special arrangements for passengers who have impaired mobility.

Recommended Practice. Provisions of suitable facilities should be made in terminals and on ships, as appropriate, to allow safe embarkation and disembarkation for elderly and disabled passengers.

Facilitation for ships engaged on cruises and for cruise passengers

Standard. Public authorities shall authorize granting of pratique by electronic means to a cruise ship when, on the basis of information received from it prior to its arrival, the health authority for the intended port of arrival is of the opinion that its arrival will not result in the introduction or spread of a quarantinable disease.

Recommended Practice. For cruise ships, the General Declaration, the Passenger List and the Crew List should be required only at the first port of arrival and final port of departure in a country, provided that there has been no change in the circumstances of the voyage.

Standard. For cruise ships, the Ship's Stores Declaration and the Crew's Effects Declaration shall be required only at the first port of arrival in a country.

Standard. Passports or other official documents of identity shall at all times remain in the possession of cruise passengers.

Recommended Practice. If a cruise ship stays at any port within the Contracting Government's territory for less than 72 hours, it should not be necessary for cruise passengers to have visas, except in special circumstances determined by the public authorities concerned.

3.16.

3.17.

3.18.

3.19.

D.

3.20.

3.21.

3.22.

3.23.

3.24.

71

Standard. Cruise passengers shall not be unduly delayed by the control measures exercised by public authorities.

Standard. In general, except for security purposes and for the purposes of establishing identity and admissibility, cruise passengers shall not be subject to personal examination by public authorities responsible for immigration control.

Standard. If a cruise ship calls consecutively at more than one port in the same country, passengers shall, in general, be examined by public authorities at the first port of arrival and at the final port of departure only.

Recommended Practice. To facilitate their prompt disembarkation, the inward control of passengers on a cruise ship, where practicable, should be carried out on board before arrival at the place of disembarkation.

Recommended Practice. Cruise passengers who disembark at one port and rejoin the same ship at another port in the same country should enjoy the same facilities as passengers who disembark and rejoin a cruise ship at the same port.

Recommended Practice. The Maritime Declaration of Health should be the only health control necessary for cruise passengers.

Standard. Duty-free ship's stores shall be allowed aboard ship for cruise passengers during the ship's stay in port.

Standard. Cruise passengers shall not normally be required to provide a written declaration for their personal effects. However, in the case of articles which involve a high amount of customs duties and other taxes and charges, a written declaration and a security may be required.

Recommended Practice. Cruise passengers should not be subject to any currency control.

Standard. Embarkation/disembarkation cards shall not be necessary for cruise passengers.

Not in use.

Special measures of facilitation for passengers in transit

3.25.

3.26.

3.27.

3.28.

3.29.

3.30.

3.31.

3.32.

3.33.

3.34.

3.35.

E.

72

Standard. A passenger in transit who remains on board the ship on which he or she arrived and departs with it shall not normally be subjected to routine control by public authorities except in extraordinary circumstances determined by the public authorities concerned.

Recommended Practice. A passenger in transit should be allowed to retain his/her passport or other identity document.

Recommended Practice. A passenger in transit who remains on board the ship on which he or she arrived and departs with it should not be required to complete a disembarkation/ embarkation card.

Recommended Practice. A passenger in transit who is continuing his/her journey from the same port in the same ship should normally be granted temporary permission to go ashore during the ship's stay in port if he/she so wishes subject to the public authorities' admissibility and visa requirements.

Recommended Practice. A passenger in transit who is continuing his/her journey from the same port in the same ship should not be required to have a visa, except in special circumstances determined by the public authorities concerned.

Recommended Practice. A passenger in transit who is continuing his/her journey from the same port in the same ship should not normally be required to give a written Customs Declaration.

Recommended Practice. A passenger in transit who leaves the ship at one port and embarks in the same ship at a different port in the same country should enjoy the same facilities as a passenger who arrives and departs in the same ship at the same port.

Measures of facilitation for ships engaged in scientific services

Recommended Practice. A ship engaged in scientific services carries personnel who are necessarily engaged on the ship for such scientific purposes of the voyage. If so identified, such personnel should be granted facilities at least as favourable as those granted to the crew members of that ship.

Further measures of facilitation for foreigners belonging to the crews of ships engaged in international voyages - shore leave

Standard. Crew members shall be allowed ashore by the public authorities while the ship on which they arrive is in port, provided that the formalities on arrival of the ship have

3.36.

3.37.

3.38.

3.39.

3.40.

3.41.

3.42.

F.

3.43.

G.

3.44.

73

been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order. Shore leave shall be allowed in a manner which excludes discrimination such as on the grounds of nationality, race, colour, sex, religion, political opinion, or social origin and irrespective of the flag State of the ship on which they are employed, engaged or work.

Standard. In any case where permission for shore leave has been refused, the relevant public authorities shall communicate their reasons for shore leave denial to the seafarer concerned and the master. If requested by the seafarer concerned or the master, such reasons shall be provided in writing.

Standard. Crew members shall not be required to hold a visa for the purpose of shore leave.

Recommended Practice. Crew members, before going on or returning from shore leave, should not normally be subjected to personal checks.

Standard. Crew members shall not be required to have a special permit, e.g. a shore leave pass, for the purpose of shore leave.

Recommended Practice. If crew members are required to carry documents of identity with them when they are on shore leave, these documents should be limited to those mentioned in Standard 3.10.

Recommended Practice. Public authorities should provide a system of pre-arrival clearance to allow the crew of ships which call regularly at their ports to obtain advance approval for temporary shore leave. Where a ship has no adverse immigration record and is locally represented by a shipowner or a reputable agent of the shipowner, the public authorities should normally, after satisfactory consideration of such pre-arrival particulars as they may require, permit the ship to proceed directly to its berth and be subject to no further routine immigration formalities, unless otherwise required by the public authorities.

Section 4 - Stowaways

General Principles

Standard. The provisions in this section shall be applied in accordance with international protection principles as set out in international instruments, such as the UN Convention relating to the Status of Refugees of 28 July 1951 and the UN Protocol relating to the Status of Refugees of 31 January 1967, and relevant national legislation.

3.44bis.

3.45.

3.46.

3.47.

3.48.

3.49.

A.

4.1.

74

Standard. Public authorities, port authorities, shipowners and masters shall cooperate to the fullest extent possible in order to prevent stowaway incidents and to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place. All appropriate measures shall be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.

Preventive measures

Ship/Port preventive measures

Port/terminal authorities

Standard. Contracting Governments shall ensure that the necessary infrastructure, and operational and security arrangements for the purpose of preventing persons attempting to stowaway on board ships from gaining access to port installations and to ships, are established in all their ports, taking into consideration when developing these arrangements the size of the port, and what type of cargo is shipped from the port. This should be done in close cooperation with relevant public authorities, shipowners and shoreside entities, with the aim of preventing stowaway occurrences in the individual port.

Recommended Practice. Operational arrangements and/or port facility security plans should at least be equivalent to those contained in the relevant text of section B/16 of the ISPS Code.

Shipowner/Master

Standard. Contracting Governments shall require that shipowners and masters, as well as other responsible persons have security arrangements in place which, as far as practicable, will prevent intending stowaways from getting aboard the ship, and, if this fails, as far as practicable, will detect them before the ship leaves port.

Recommended Practice. When calling at ports and during stay in ports, where there is risk of stowaway embarkation, operational arrangements and/or ship security plans should at least be equivalent to those contained in the relevant text of paragraph B/9 of the ISPS Code.

Standard. Contracting Governments shall require that ships entitled to fly their flag, except passenger ships, when departing from a port, where there is risk of stowaway embarkation, have undergone a thorough search in accordance with a specific plan or schedule, and with priorities given to places where stowaways might hide taking into account the specific ship type and its operations. Search methods which are likely to harm secreted stowaways shall not be used.

4.2.

B.

4.3.

4.3.1.

4.3.1.1.

4.3.1.2.

4.3.2.

4.3.2.1.

4.3.2.2.

4.3.2.3.

75

Standard. Contracting Governments shall require that fumigation or sealing of ships entitled to fly their flag may not be carried out until a search which is as thorough as practicable of the areas to be fumigated or sealed has taken place in order to ensure that no stowaways are present in those areas.

National Sanctions

Standard. Where appropriate, Contracting Governments shall incorporate into their national legislation legal grounds to allow prosecution of stowaways, attempted stowaways and any individual or company aiding a stowaway or an attempted stowaway with the intention to facilitate access to the port area, any ship, cargo or freight containers.

Treatment of the stowaway while on board

General principles – Humane treatment

Standard. Stowaways shall not be permitted to work on board the ship, except in emergency situations or in relation to the stowaway's accommodation and provisioning on board.

Standard. Contracting Governments shall require that masters operating ships entitled to fly their flag take appropriate measures to ensure the security, general health, welfare and safety of the stowaway while he/she is on board, including providing him/her with adequate provisioning, accommodation, proper medical attention and sanitary facilities.

Work on board

Standard. Stowaways shall not be permitted to work on board the ship, except in emergency situations or in relation to the stowaway's accommodation and provisioning on board.

Questioning and notification by the master

Standard. Contracting Governments shall require masters to take practicable steps to establish the identity, including nationality/citizenship of the stowaway and the port of embarkation of the stowaway, and to notify the existence of the stowaway along with relevant details to the public authorities of the first planned port of call. This information shall also be provided to the shipowner, public authorities at the port of embarkation, the flag State and, if necessary, subsequent ports of call.

Recommended Practice. When gathering relevant details for notification, masters should use the form as specified in appendix 3.

4.3.2.4.

4.3.3.

4.3.3.1.

C.

4.4.

4.4.1.

4.4.2.

4.5.

4.5.1.

4.6.

4.6.1.

4.6.2.

76

Standard. Contracting Governments shall instruct masters operating ships entitled to fly their flag that when a stowaway declares himself/herself to be a refugee, this information shall be treated as confidential to the extent necessary for the security of the stowaway.

Notification to the International Maritime Organization

Standard. Public authorities shall report all stowaway incidents of which they become aware to the Secretary-General of the International Maritime Organization.

Deviation from the planned route

Standard. Public authorities shall urge all shipowners operating ships entitled to fly their flag to instruct their masters not to deviate from the planned voyage to seek the disembarkation of stowaways discovered on board the ship after it has left the territorial waters of the country where the stowaways embarked, unless:

permission to disembark the stowaway has been granted by the public authorities of the State to whose port the ship deviates; or

repatriation has been arranged elsewhere with sufficient documentation and permission for disembarkation; or

there are extenuating safety, security, health or compassionate reasons; or

attempts to disembark in other ports on the planned voyage have failed and deviation is necessary in order to avoid that the stowaway remain on board for a significant period of time.

Disembarkation and return of a stowaway

The State of the first port of call according to the voyage plan

Standard. Public authorities in the country of the ship's first scheduled port of call after discovery of a stowaway shall decide in accordance with national legislation whether the stowaway is admissible to that State and shall do their utmost to cooperate with the parties involved in resolving the issue.

Standard. Public authorities in the country of the ship's first scheduled port of call after discovery of a stowaway shall allow disembarkation of the stowaway, when the stowaway is in possession of valid travel documents for return, and the public authorities are satisfied that timely arrangements have been or will be made for repatriation and all the requisites for transit fulfilled.

4.6.3.

4.7.

4.7.1.

D.

4.8.

E.

4.9.

4.9.1.

4.9.2.

77

Standard. Public authorities in the country of the ship's first scheduled port of call after discovery of a stowaway shall allow disembarkation of the stowaway when the public authorities are satisfied that they or the shipowner will obtain valid travel documents, make timely arrangements for repatriation of the stowaway, and fulfil all the requisites for transit. Public authorities shall, further, favourably consider allowing disembarkation of the stowaway, when it is impracticable for the stowaway to remain on the ship or other factors exist which would preclude the stowaway remaining on the ship. Such factors may include, but are not limited to, when:

a case is unresolved at the time of sailing of the ship; or

the presence on board of the stowaway would endanger the safe operation of the ship, the health of the crew or the stowaway.

Subsequent ports of call

Standard. When disembarkation of a stowaway has failed in the first scheduled port of call after discovery of the stowaway, public authorities of subsequent ports of call shall examine the stowaway as for disembarkation in accordance with Standards 4.9.1, 4.9.2 and 4.9.3.

State of Nationality or Right of Residence

Standard. Public authorities shall in accordance with international law accept the return of stowaways with full nationality/citizenship status or accept the return of stowaways who in accordance with their national legislation have a right of residence in their State.

Standard. Public authorities shall, when possible, assist in determining the identity and nationality/citizenship of stowaways claiming to be a national or having a right of residence in their State. Where possible, the local embassy, consulate or other diplomatic representation of the country of the stowaway's nationality will be required to assist in verifying the stowaway's nationality and providing emergency travel documentation.

State of Embarkation

Standard. When it has been established to their satisfaction that stowaways have embarked a ship in a port in their State, public authorities shall accept for examination such stowaways being returned from their point of disembarkation after having been found inadmissible there. The public authorities of the State of embarkation shall not return such stowaways to the country where they were earlier found to be inadmissible.

4.9.3.

4.10.

4.9.1.

4.11.

4.11.1.

4.11.2.

4.12.

4.12.1.

78

Standard. When it has been established to their satisfaction that attempted stowaways have embarked a ship in a port in their State, public authorities shall accept disembarkation of attempted stowaways, and of stowaways found on board the ship while it is still in their territorial waters or if applicable according to the national legislation of that State in the area of immigration jurisdiction of that State. No penalty or charge in respect of detention or removal costs shall be imposed on the shipowner.

Standard. When an attempted stowaway has not been disembarked at the port of embarkation, he/she is to be treated as a stowaway in accordance with the regulation of this section.

The flag State

Standard. The public authorities of the flag State of the ship shall assist and cooperate with the master/shipowner or the appropriate public authority at ports of call in:

identifying the stowaway and determining his/her nationality;

making representations to the relevant public authority to assist in the removal of the stowaway from the ship at the first available opportunity; and

making arrangements for the removal or repatriation of the stowaway.

Return of stowaways

Recommended Practice. When a stowaway has inadequate documents, public authorities should, whenever practicable and to an extent compatible with national legislation and security requirements, issue a covering letter with a photograph of the stowaway and any other important information or, alternatively, a suitable travel document accepted by the public authorities involved. The covering letter, authorizing the return of the stowaway either to his/her country of origin or to the point where the stowaway commenced his/her journey, as appropriate, by any means of transportation and specifying any other conditions imposed by the authorities, should be handed over to the operator affecting the removal of the stowaway. This letter will include information required by the authorities at transit points and/or the point of disembarkation.

Recommended Practice. Public authorities in the State where the stowaway has disembarked should contact the relevant public authorities at transit points during the return of a stowaway, in order to inform them of the status of the stowaway. In addition public authorities in countries of transit during the return of any stowaway should allow, subject to normal visa requirements and national security concerns, the transit through their ports and airports of

4.12.2.

4.12.3.

4.13.

4.13.1.

4.14.

4.14.1.

4.14.2.

79

stowaways travelling under the removal instructions or directions of public authorities of the country of the port of disembarkation.

Recommended Practice. When a port State has refused disembarkation of a stowaway, that State should, without undue delay, notify the flag State of the ship carrying the stowaway of the reasons for refusing disembarkation.

Cost of return and maintenance of stowaways

Recommended Practice. The public authorities of the State where a stowaway has been disembarked should generally inform the shipowner on whose ship the stowaway was found, as far as practicable, of the level of cost of detention and return and any additional costs for the documentation of the stowaway, if the shipowner is to cover these costs. In addition, public authorities should cooperate with the shipowner to keep such costs to a minimum as far as practicable and according to national legislation, if they are to be covered by the shipowner.

Recommended Practice. The period during which shipowners are held liable to defray costs of maintenance of a stowaway by public authorities in the State where the stowaway has been disembarked should be kept to a minimum.

Standard. Public authorities shall, according to national legislation, consider mitigation of penalties against ships where the master of the ship has properly declared the existence of a stowaway to the appropriate authorities in the port of arrival, and has shown that all reasonable preventive measures had been taken to prevent stowaways gaining access to the ship.

Recommended Practice. Public authorities should, according to national legislation, consider mitigation of other charges that might otherwise be applicable, when shipowners have cooperated with the control authorities to the satisfaction of those authorities in measures designed to prevent the transportation of stowaways.

Section 5 - Arrival, stay and departure of cargo and other articles

This section contains the provisions concerning the formalities required by public authorities from the shipowner, his/her agent or the master of the ship.

General

Recommended Practice. Public authorities should, with the cooperation of shipowners, port authorities and port facilities and terminals, take appropriate measures to ensure

4.14.3.

4.15.

4.15.1.

4.15.2.

4.15.3.

4.15.4.

A.

5.1.

80

that port time may be kept to a minimum, should provide satisfactory port traffic flow arrangements, and should frequently review all procedures in connection with the arrival and departure of ships, including arrangements for embarkation and disembarkation, loading and unloading, servicing and the like and the security measures associated therewith. They should also make arrangements whereby cargo ships and their loads can be entered and cleared, in so far as may be practicable, at the ship working area.

Recommended Practice. Public authorities should, with the cooperation of shipowners, port authorities and port facilities and terminals, take appropriate measures to ensure that satisfactory port traffic flow arrangements are provided so that handling and clearance procedures for cargo will be smooth and uncomplicated. These arrangements should cover all phases from the time the ship arrives at the dock for unloading and public authority clearance, and also free zones, storage facilities, warehousing and onward movement of cargo if required. There should be convenient and direct access between the free zone, storage facilities and cargo warehouse and the public authority clearance area, which should be located close to the dock area with, whenever possible, easy access and transfer capabilities and infrastructure.

Recommended Practice. Public authorities should encourage owners and/or operators of marine cargo terminals to equip them with storage facilities for special cargo (e.g. valuable goods, perishable shipments, human remains, radioactive and other dangerous goods, as well as live animals), as appropriate; those areas of marine cargo terminals in which general and special cargo and postal items are stored prior to shipment by sea or importation should implement access control measures at least equivalent to those contained in the relevant text of paragraph B/16 of the ISPS Code.

Recommended Practice. Public authorities should require only a minimum of data necessary for the identification of the cargo that is to be placed in storage prior to release or re- export or importation, and should, whenever available, use the information contained in the pre- arrival declaration for this purpose.

Standard. A Contracting Government which continues to require export, import and transhipment licences or permits for certain types of goods shall establish simple procedures whereby such licences or permits can be obtained and renewed rapidly.

Recommended Practice. When the nature of a consignment could attract the attention of different agencies authorized to carry out inspections, such as customs and veterinary or sanitary controllers, Contracting Governments should authorize either customs or one of the other agencies to carry out the required procedures or, where that is not feasible, take all necessary steps to ensure that such inspections are carried out simultaneously at one place and with a

5.2.

5.3.

5.3bis.

5.4.

5.5.

81

minimum of delay and whenever possible carried out upon prior coordination with the party having custody of the consignment.

Recommended Practice. Public authorities should provide simplified procedures for the prompt clearance of private gift packages and trade samples not exceeding a certain value or quantity which should be set at as high a level as possible.

Clearance of cargo

Standard. Public authorities shall, subject to compliance with any national prohibitions or restrictions and any measures required for port security or the prevention of trafficking of narcotics, grant priority clearance to live animals, perishable goods and other consignments of an urgent nature.

Recommended Practice. In order to protect the quality of goods awaiting clearance, public authorities should, in collaboration with all the concerned parties, take all measures to permit practical, safe and reliable storage of goods at the port.

Recommended Practice. Contracting Governments should facilitate the temporary admission of specialized cargo-handling equipment arriving by ships and used on shore at ports of call for loading, unloading and handling cargo.

Not in use.

Recommended Practice. Public authorities should provide procedures for the clearance of cargo based on the relevant provisions of and associated guidelines to the International Convention on the simplification and harmonization of Customs procedures – the revised Kyoto Convention.

Recommended Practice. Public authorities should introduce simplified procedures for authorized persons allowing:

release of the goods on the provision of the minimum information necessary to identify the goods, to accurately identify and assess risk as it relates to concerns such as health, safety and security, and permit the subsequent completion of the final goods declaration;

clearance of the goods at the declarants premises or another place authorized by the relevant public authority; and

5.6.

B.

5.7.

5.7.1.

5.8.

5.9.

5.10.

5.10.1.

(a)

(b)

82

submission of a single goods declaration for all imports or exports in a given period where goods are imported or exported frequently by the same person.

Standard. Public authorities shall limit physical interventions to the minimum necessary to ensure compliance with applicable law.

Recommended Practice. Public authorities should, on the basis of a valid request, conduct physical examinations of cargo, where necessary, at the point where it is loaded into its means of transport and while loading is in progress, either at the dockside or, in the case of unitized cargo, at the place where the freight container is packed and sealed.

Standard. Public authorities shall ensure that requirements for collection of statistics do not significantly reduce the efficiency of maritime trade.

Recommended Practice. Public authorities should use systems for the electronic exchange of information for the purposes of obtaining information in order to accelerate and simplify storage, clearance and re-export processes.

Recommended Practice. Public authorities should quickly terminate the transit procedure covering goods from another State awaiting loading.

Freight containers and pallets

Standard. Public authorities shall, in conformity with their respective regulations, permit the temporary admission of freight containers, pallets and freight container equipment and accessories that are affixed to the container or are being transported separately without payment of customs duties and other taxes and charges and shall facilitate their use in maritime traffic.

Recommended Practice. Public authorities should provide in their regulations, referred to in Standard 5.15, for the acceptance of a simple declaration to the effect that temporarily imported freight containers, pallets and freight container equipment and accessories will be re-exported within the time limit set by the State concerned. Such declaration may take the form of an oral declaration or any other act acceptable to the authorities.

Standard. Public authorities shall permit freight containers, pallets and freight container equipment and accessories entering the territory of a State under the provisions of Standard 5.15 to depart the limits of the port of arrival for clearance of imported cargo and/or loading of export cargo under simplified control procedures and with a minimum of documentation.

(c)

5.11.

5.12.

5.13.

5.14.

5.14.1.

C.

5.15.

5.16.

5.17.

83

Standard. Contracting Governments shall permit the temporary admission of component parts of freight containers without payment of customs duties and other taxes and charges when these parts are needed for the repair of freight containers already admitted under the terms of Standard 5.15.

Cargo not discharged at the port of intended destination

Standard. Where any cargo listed on the Cargo Declaration is not discharged at the port of intended destination, public authorities shall permit amendment of the Cargo Declaration and shall not impose penalties if satisfied that the cargo was not in fact loaded on the ship, or, if loaded, was landed at another port.

Standard. When, by error or for another valid reason, any cargo is discharged at a port other than the port of intended destination, public authorities shall facilitate reloading or onward movement to its intended destination. This provision does not apply to prohibited or restricted cargo.

Limitation of shipowner's responsibilities

Standard. Public authorities shall not require a shipowner to place special information for use of such authorities on a transport document or a copy thereof, unless the shipowner is, or is acting for, the importer or exporter.

Standard. Public authorities shall not hold the shipowner responsible for the presentation or accuracy of documents which are required of the importer or exporter in connection with the clearance of cargo, unless the shipowner is, or is acting for, the importer or exporter.

Standard. The shipowner shall be obliged to provide the information regarding the entry or exit of goods known to the shipowner at the time of lodging such data and as set out in the transport document that evidences the bill of lading. Thus, the shipowner can base the lodgement on data provided by the shipper customer, unless the shipowner has reason to believe that the data provided is untrue.

Recommended Practice. Public authorities should implement regulations pursuant to which the person who initiates and contractually agrees with a party (e.g. a consolidator, a freight forwarder or a shipowner) for the carriage of a maritime cargo shipment to the territory of another State must provide complete and accurate cargo shipment information to that party.

5.18.

D.

5.19.

5.20.

E.

5.21.

5.22.

5.23.

5.24.

84

Section 6 - Public health and quarantine, including sanitary measures for animals and plants

Standard. Public authorities of a State not Party to the International Health Regulations shall endeavour to apply the relevant provisions for these Regulations to international shipping.

Recommended Practice. Contracting Governments having certain interests in common owing to their health, geographical, social or economic conditions should conclude special arrangements pursuant to article 85 of the International Health Regulations when such arrangements will facilitate the application of those Regulations.

Recommended Practice. Where Sanitary Certificates or similar documents are required in respect of shipments of certain animals, plants or products thereof, such certificates and documents should be simple and widely publicized and Contracting Governments should cooperate with a view to standardizing such requirements.

Recommended Practice. Public authorities should authorize granting of pratique by electronic means to a ship when, on the basis of information received from it prior to its arrival, the health authority for the intended port of arrival is of the opinion that its arrival will not result in the introduction or spread of a quarantinable disease. Health authorities should as far as practicable be allowed to join a ship prior to entry of the ship into port.

Standard. Public authorities shall seek the cooperation of shipowners to ensure compliance with any requirement that illness on a ship is to be reported promptly by electronic means to health authorities for the port for which the ship is destined, in order to facilitate provision for the presence of any special medical personnel and equipment necessary for health procedures on arrival.

Standard. Public authorities shall make arrangements to enable all travel agencies and others concerned to make available to passengers, sufficiently in advance of departure, lists of the vaccinations required by the public authorities of the countries concerned, as well as vaccination certificate forms conforming to the International Health Regulations. Public authorities shall take all possible measures to have vaccinators use the International Certificates of Vaccination or Re-Vaccination in order to assure uniform acceptance.

Recommended Practice. Public authorities should provide facilities for the completion of International Certificates of Vaccination or Re-Vaccination as well as facilities for vaccination at as many ports as feasible.

6.1.

6.2.

6.3.

6.4.

6.4.1.

6.5.

6.6.

85

Standard. Public authorities shall ensure that sanitary measures and health formalities are initiated forthwith, completed without delay, and applied without discrimination.

Recommended Practice. To ensure, inter alia, efficient maritime traffic, public authorities should maintain at as many ports as feasible adequate facilities for the administration of public health, animal and agricultural quarantine measures.

Standard. There shall be maintained readily available at as many ports in a State as feasible such medical facilities as may be reasonable and practicable for the emergency treatment of crews and passengers.

Standard. Except in the case of an emergency constituting a grave danger to public health, a ship which is not infected or suspected of being infected with a quarantinable disease shall not, on account of any other epidemic disease, be prevented by the health authorities for a port from discharging or loading cargo or stores or taking on fuel or water.

Recommended Practice. Shipments of animals, animal raw materials, crude animal products, animal foodstuffs and quarantinable plant products should be permitted in specified circumstances and when the certification requirements have been met at the time of discharge.

Section 7- Miscellaneous provisions

Bonds and other forms of security

Recommended Practice. Where public authorities require bonds or other forms of security from shipowners to cover liabilities under the customs, immigration, public health, agricultural quarantine or similar laws and regulations of a State, they should permit the use of a single comprehensive bond or other form of security wherever possible.

Services at ports

Recommended Practice. The normal services of public authorities at a port should be provided without charge during normal working hours. Public authorities should establish normal working hours for their services at ports consistent with the usual periods of substantial workload.

Standard. Contracting Governments shall adopt all practicable measures to organize the normal services of public authorities at ports in order to avoid unnecessary delay of ships after their arrival or when ready to depart and reduce the time for completion of formalities

6.7.

6.8.

6.9.

6.10.

6.11.

A.

7.1.

B.

7.2.

7.3.

86

to a minimum, provided that sufficient notice of estimated time of arrival or departure shall be given to the public authorities.

Standard. No charge shall be made by a health authority for any medical examination, or any supplementary examination, whether bacteriological or otherwise, carried out at any time of the day or night, if such examination is required to ascertain the health of the person examined, nor for visit to and inspection of a ship for quarantine purposes except inspection of a ship for the issue of a Ship Sanitation Control Certificate or Ship Sanitation Control Exemption Certificate, nor shall a charge be made for any vaccination of a person arriving by ship nor for a certificate thereof. However, where measures other than these are necessary in respect of a ship or its passengers or crew and charges are made for them by a health authority, such charges shall be made in accordance with a single tariff which shall be uniform to the territory concerned and they shall be levied without distinction as to the nationality, domicile or residence of any person concerned or as to the nationality, flag, registry or ownership of the ship.

Recommended Practice. When the services of public authorities are provided outside the regular working hours referred to in Recommended Practice 7.2, they should be provided on terms which shall be moderate and not exceed the actual cost of the services rendered.

Standard. Where the volume of traffic at a port warrants, public authorities shall ensure that services are provided for the accomplishment of the formalities in respect of cargo and baggage, regardless of value or type.

Recommended Practice. Contracting Governments should endeavour to make arrangements whereby one Government will permit another Government certain facilities before or during the voyage to examine ships, passengers, crew, baggage, cargo and documentation for customs, immigration, public health, plant and animal quarantine purposes when such action will facilitate clearance upon arrival in the latter State.

Emergency assistance

Standard. Public authorities shall facilitate the arrival and departure of ships engaged in

disaster relief work;

the rescue of persons in distress at sea in order to provide a place of safety for such persons;

the combating or prevention of marine pollution; or

7.4.

7.5.

7.6.

7.7.

C.

7.8.

87

other emergency operations designated to enhance maritime safety, the safety of life at sea, the safety of the population or the protection of the marine environment.

Standard. Public authorities shall, to the greatest extent possible, facilitate the entry and clearance of persons, cargo, material and equipment required to deal with situations described in Standard 7.8.

Standard. Public authorities shall grant prompt customs clearance of specialized equipment needed to implement security measures.

National facilitation committees

Recommended Practice. Each Contracting Government should consider establishing, in close cooperation with the maritime industry, a national maritime transport facilitation programme based on the facilitation requirements of this annex and ensure that the objective of its facilitation programme should be to adopt all practical measures to facilitate the movement of ships, cargo, crews, passengers, mail and stores, by removing unnecessary obstacles and delays.

Recommended Practice. Each Contracting Government should establish a national maritime transport facilitation Committee or a similar national coordinating body, for the encouragement of the adoption and implementation of facilitation measures, between governmental departments, agencies and other organizations concerned with, or responsible for, various aspects of international maritime traffic, as well as port authorities, port facilities and terminals and shipowners.

7.9.

7.10.

D.

7.11.

7.12.

88

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

GENERAL DECLARATION (IMO FAL Form 1)

Arrival Departure 1.1 Name and type of ship 1.2 IMO number

1.3 Call sign 1.4 Voyage number

2. Port of arrival/departure 3. Date and time of arrival/departure

4. Flag State of ship 6. Last port of call/Next port of call5. Name of master

7. Certifi cate of registry (Port; date; number) 8. Name and contact details of ship's agent

9. Gross tonnage 10. Net tonnage

11. Brief particulars of voyage (previous and subsequent ports of call; underline where remaining cargo will be discharged)

12. Brief description of the cargo

13. Number of crew 14. Number of passengers 15. Remarks

Attached documents (indicate number of copies)

16. Cargo Declaration 17. Ship's Stores Declaration

18. Crew List 19. Passenger List 20. The ship's requirements in terms of waste and residue reception facilities

21. Crew's Effects Declaration (only on arrival)

22. Maritime Declaration of Health (only on arrival)

23. Date and signature by master, authorized agent or offi cer

For offi cial use

89

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

10. Date and signature by master, authorized agent or offi cer

CARGO DECLARATION (IMO FAL Form 2)

Arrival Departure 1.1 Name of ship 1.2 IMO number

1.3 Voyage number 2. Port where report is made

3. Flag State of ship 4. Name of master

5. Port of loading/Port of discharge

Page Number

6. Marks and Numbers

7. Number and kind of packages; description of goods or, if available, the HS Code

8. Gross Weight 9. MeasurementB/L No.

90

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

12. Date and signature by master, authorized agent or offi cer

SHIP'S STORES DECLARATION (IMO FAL Form 3)

Arrival Departure 1.1 Name of ship 1.2 IMO number

1.3 Call sign 1.4 Voyage number

2. Port of arrival/departure 3. Date of arrival/departure

4. Flag State of ship 5. Last port of call/Next port of call

6. Number of persons on board 7. Period of stay

8. Name of article 9. Quantity 10. Location on board 11. Offi cial use

Page Number

91

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

9. Date and signature by master, authorized agent or offi cer

CREW'S EFFECTS DECLARATION (IMO FAL Form 4)

1.1 Name of ship 1.2 IMO number

1.3 Call sign 1.4 Voyage number

2. Flag State of ship

3. No. 6. Rank or rating

7. Effects ineligible for relief from customs duties and taxes or subject to prohibitions or restrictions

8. Signature4. Family name 5. Given names

Page Number

92

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

C R

E W

L IS

T (I

M O

F A

L Fo

rm 5

)

1. 1

N am

e of

sh ip

A rr

iv al

D ep

ar tu

re

2. P

or t o

f a rr

iv al

/d ep

ar tu

re

6. N

o. 9.

R an

k or

ra tin

g 7.

F am

ily

n am

e 8.

G iv

en

n am

es 10

. N at

io na

lit y

11 . D

at e

of

bi rth

12 . P

la ce

o f

bi rth

3. D

at e

of a

rr iv

al /d

ep ar

tu re

4. F

la g

St at

e of

sh ip

5. L

as t p

or t o

f c al

l

1. 2

IM O

n um

be r

1. 3

C al

l s ig

n 1.

4 Vo

ya ge

n um

be r

14 . N

at ur

e of

id en

tit y

do cu

m en

t

15 . N

um be

r o f i

de nt

ity d

oc um

en t

16 . I

ss ui

ng S

ta te

o f i

de nt

ity d

oc um

en t

13 . G

en de

r

17 . E

xp iry

d at

e of

id en

tit y

do cu

m en

t

18 . D

at e

an d

si gn

at ur

e by

m as

te r,

au th

or iz

ed a

ge nt

o r o

ffi ce

r

Pa ge

N um

be r

93

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

PA SS

E N

G E

R L

IS T

(I M

O F

A L

Fo rm

6 )

1. 1

N am

e of

sh ip

A rr

iv al

D ep

ar tu

re

2. P

or t o

f a rr

iv al

/d ep

ar tu

re

5. F

am ily

n

am e

6. G

iv en

n

am es

7. N

at io

na lit

y 8.

D at

e

o f

b

irt h

9. P

la ce

o

f

b irt

h

3. D

at e

of a

rr iv

al /d

ep ar

tu re

4. F

la g

St at

e of

sh ip

1. 2

IM O

n um

be r

1. 3

C al

l s ig

n

15 . P

or t o

f e m

ba rk

at io

n

10 . G

en de

r

16 . V

is a

nu m

be r i

f a pp

ro pr

ia te

17 . P

or t o

f d is

em ba

rk at

io n

1. 4

Vo ya

ge n

um be

r

11 . T

yp e

of

id en

tit y

o

r t ra

ve l

d

oc um

en t

12 . S

er ial

n um

be r

o

f

i de

nt ity

o r t

ra ve

l

do cu

m en

t

14 . E

xp iry

d at

e of

id en

tit y

or tr

av el

d oc

um en

t

19 . D

at e

an d

si gn

at ur

e by

m as

te r,

au th

or iz

ed a

ge nt

o r o

ffi ce

r

18 . T

ra ns

it pa

ss en

ge r o

r n ot

Pa ge

N um

be r

13 . I

ss ui

ng

St at

e

of

i de

nt ity

o r

tr av

el

do

cu m

en t

94

THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael

by the authority of the Government of Barbados

D A

N G

E R

O U

S G

O O

D S

M A

N IF

E ST

(I M

O F

A L

Fo rm

7 )

(A s r

eq ui

re d

by S

O LA

S 74

, c ha

pt er

V II

, r eg

ul at

io ns

4 .2

a nd

7 -2

.2 , M

A R

PO L,

A nn

ex II

I, re

gu la

tio n

4. 2

an d

c ha

pt er

5 .4

, p ar

ag ra

ph 5

.4 .3

.1 o

f t he

IM D

G C

od e)

1. 1

N am

e of

sh ip

2. F

la g

St at

e of

sh ip

5. S

to w

ag e

P

os iti

on 6.

R ef

er en

ce

N

um be

r 7.

M ar

ks &

N um

be rs

- F re

ig ht

co nt

ain er

Id en

tifi ca

tio n

N o(

s) - V

eh icl

e

re gi

str ati

on N

o( s).

8. U

N

N

um be

r 9.

Pr op

er S

hi pp

in g

N

am e\(

Te ch

ni ca

l

Sp ec

ifi ca

tio ns

)

3. P

or t o

f l oa

di ng

4. P

or t o

f d is

ch ar

ge

1. 2

IM O

n um

be r

1. 3

C al

l s ig

n

14 . M

as s (

kg ) o

r V ol

um e

(L )

10 . C

las s/

(S

ub sid

iar y

R

isk (s)

)

15 .E

m S

16 . S

hi pp

in g

A ge

nt

1. 4

Vo ya

ge n

um be

r

11 . P

ac ki

ng

G

ro up

12 . A

dd iti

on al

In fo

rm ati

on /

M

ar in

e

Po llu

tan t/

Fl

as h p

oi nt

/

etc .

13 . N

um be

r a nd

k in

d of

p ac

ka ge

s

Si gn

at ur

e of

A ge

nt

16 .1

P la

ce a

nd d

at e

Pa ge

N um

be r

95

L.R.O. 1998

THIRD SCHEDULE

(Sections 11(1)(b)(iii))

Pre-arrival Documents

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART A

FORM 1

Advanced Notifi cation Form for Waste Delivery to Port Reception Facilities

Notifi cation of the Delivery of Waste to:

The master of a ship should forward the information below to the designated authority at least 1 hour in advance of arrival or on departure of the previous port if the voyage is less than 24 hours from within the domestic space and 24 hours from outside the domestic space. This form shall be retained on board the vessel along with the appropriate Oil RB, Cargo RB or Garbage RB.

(Name of port or terminal)

DELIVERY FROM SHIPS (ANF) 1. SHIP PARTICULARS 1.1 Name of ship: 1.2 IMO number: 1.3 Gross tonnage: 1.4 Type of ship:

1.5 Owner or master:

1.6 Distinctive number or letters:

1.7 Flag State:

Oil tanker

Other cargo ship

Chemical tanker

Passenger ship

Bulk carrier

Ro-ro

Container

Other (specify)

96

L.R.O. 1998

2. PORT AND VOYAGE PARTICULARS

2.1 Location/Terminal name and POC:

2.2 Arrival Date and Time:

2.3 Departure Date and Time:

2.4 Last Port and Country:

2.5 Next Port and Country (if known):

2.6 Last Port where waste was delivered:

2.7 Date of Last Delivery:

2.8 Next Port of Delivery (if known):

2.9 Person submitting this form is (if other than the master):

3. TYPE AND AMOUNT OF WASTE FOR DISCHARGE TO FACILITY

MARPOL Annex I - Oil

Oily bilge water

Oily residues (sludge)

Oily tank washings

Dirty ballast water

Scale and sludge from tank cleaning

Other (please specify)

MARPOL Annex II - NLS

Category X substance

Category Y substance

Category Z substance

OS - other substances

Quantity (m3)

Quantity (m3)/Name1

1 Indicate the proper shipping name of the NLS involved.

Third Schedule - (Cont'd)

97

L.R.O. 1998

MARPOL Annex IV - Sewage

MARPOL Annex V - Garbage

A. Plastics

B. Food wastes

C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, crockery, etc.)

D. Cooking oil

E. Incinerator ashes

F. Operational wastes

G. Cargo residues2

H. Animal carcass(es)

I. Fishing gear

MARPOL Annex VI - Air pollution

Ozone-depleting substances and equipment containing such substances

Exhaust gas-cleaning residues

Quantity (m3)

Quantity (m3)

Quantity (m3)

2 Indicate the proper shipping name of the dry cargo.

Third Schedule - (Cont'd)

98

L.R.O. 1998

Name of ship: IMO number: Please state below the approximate amount of waste and residues remaining on board and the percentage of maximum storage capacity. If delivering all waste on board at this port please strike through this table and tick the box below. If delivering some or no waste, please complete all columns.

I confi rm that I am delivering all the waste held on board this vessel (as shown on page 1) at this port

Amount of waste

retained on board (m3)

Port at which remaining waste will be delivered

(if known)

Estimate amount of waste to be

generated between notifi cation and next port of call

(m3)

Type Maximum dedicated

storage capacity (m3)

MARPOL Annex I - Oil Oily bilge water Oily residues (sludge) Oily tank washings Dirty ballast water Scale and sludge from tank cleaning Other (please specify)

MARPOL Annex II - NLS3

Category X substance Category Y substance Category Z substance OS - other substances

3 Indicate the proper shipping name of the NLS involved.

Third Schedule - (Cont'd)

99

L.R.O. 1998

Type

A. Plastics B. Food wastes C. Domestic waste (e.g. paper products, rags,

glass, metal, bottles, crockery, etc.

D. Cooking oil E. Incinerator ashes F. Operational wastes G. Cargo residues4

H. Animal carcass(es) I. Fishing gear

Amount of waste

retained on board (m3)

Port at which remaining waste will be delivered

(if known)

Estimate amount of waste to be

generated between notifi cation and next port of call

(m3)

Maximum dedicated

storage capacity (m3)

Date Time

Name and Position Signature

4 Indicate the proper shipping name of the dry cargo.

MARPOL Annex IV - Sewage

Sewage MARPOL Annex V - Garbage

Third Schedule - (Cont'd)

100

L.R.O. 1998

(Section 11(1)(b)(iv) and 25)

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 2

List of Ports of Calls

Arrival Departure

Name of Ship Port of Arrival/Departure

Nationality of Vessel

No.

1

2

3

4

5

6

7

8

9

10

Name of Port Date of Arrival Date of DepartureCountry

Date of Arrival/Departure

Next Port

Ship's Stamp

Name of Master Signature by Master, Authorized Agent or Offi cer

Date

Third Schedule - (Cont'd)

101

L.R.O. 1998

(Section 11(1)(b)(v))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 3

Maritime Declaration of Health

To be completed and submitted to the competent authorities by the masters of ships arriving from foreign ports.

Submitted at the port of:

Date:

Name of ship or inland navigation vessel:

Registration/IMO No.:

Arriving from:

Sailing to:

(Nationality)/(Flag of vessel):

Master’s name:

Gross tonnage (ship):

Tonnage (inland navigation vessel):

Valid Sanitation Control Exemption/Control Certifi cate carried on board?

Issued at:

Date:

Yes No

Third Schedule - (Cont'd)

102

L.R.O. 1998

Re-inspection required?

Has ship/vessel visited an aff ected area identifi ed by the World Health Organization?

Port and date of visit:

List ports of call from commencement of voyage with dates of departure, or within past thirty

days, whichever is shorter:

On the request of the competent authority at the port of arrival, list crew members, passengers or other persons who have joined ship/vessel since international voyage began or within past thirty days, whichever is shorter, including all ports/countries visited in this period (add additional names to the attached schedule):

(1) Name:

joined from: (1)

(2)

(3)

(2) Name:

joined from: (1)

(2)

(3)

(3) Name:

joined from: (1)

(2)

(3)

Number of crew members on board: Number of passengers on board:

Yes No

Yes No

Third Schedule - (Cont'd)

103

L.R.O. 1998

Health questions

(1) Has any person died on board during the voyage otherwise than as a result of accident?

If yes, state particulars in attached schedule. Total no. of deaths

(2) Is there on board or has there been during the international voyage any case of disease which you suspect to be of an infectious nature?

If yes, state particulars in attached schedule.

(3) Has the total number of ill passengers during the voyage been greater than normal/ expected?

How many ill persons? (4) Is there any ill person on board now?

If yes, state particulars in attached schedule.

(5) Was a medical practitioner consulted? If yes, state particulars of medical treatment or advice provided in attached schedule.

(6) Are you aware of any condition on board which may lead to infection or spread of disease? If yes, state particulars in attached schedule.

(7) Has any sanitary measure (e.g. quarantine, isolation, disinfection or decontamination) been applied on board?

If yes, specify type, place and date:

Yes

No

No

Yes

NoYes

NoYes

NoYes

NoYes

NoYes

Third Schedule - (Cont'd)

104

L.R.O. 1998

(8) Have any stowaways been found on board?

If yes, where did they join the ship? (if known)

(9) Is there a sick animal or pet on board?

Note: In the absence of a surgeon, the master should regard the following symptoms as grounds for suspecting the existence of a disease of an infectious nature:

(a) fever, persisting for several days or accompanied by:

(i) prostration;

(ii) decreased consciousness;

(iii) glandular swelling;

(iv) jaundice;

(v) cough or shortness of breath;

(vi) unusual bleeding; or

(vii) paralysis.

(b) with or without fever:

(i) any acute skin rash or eruption;

(ii) severe vomiting (other than sea sickness);

(iii) severe diarrhoea; or

(iv) recurrent convulsions.

I hereby declare that the particulars and answers to the questions given in this Declaration of Health (including the schedule) are true and correct to the best of my knowledge and belief.

Yes No

Yes No

Signature of Master Countersignature Ship’s Surgeon (if carried)

Date

Third Schedule - (Cont'd)

105

L.R.O. 1998

AT TA

C H

M E

N T

TO M

A R

IT IM

E D

E C

L A

R AT

IO N

O F

H E

A LT

H

N am

e Se

x C

la ss

or ra

tin g

A ge

Po rt,

d at

e jo

in ed

sh ip

/v es

se l

N at

ur e

of

ill ne

ss

D at

e of

on

se t o

f sy

m pt

om s

R ep

or te

d to

a p

or t

m ed

ic al

offi c

er ?

D isp

os al

of

c as

e 1

D ru

gs ,

m ed

ic in

es ,

or o

th er

tre at

m en

t gi

ve n

to

pa tie

nt

C om

m en

ts N

at io

na lit

y

1 S ta

te :

(1 ) w

he th

er th

e pe

rs on

re co

ve re

d, is

st ill

il l o

r d ie

d; a

nd

(2

) w he

th er

th e

pe rs

on is

st ill

o n

bo ar

d, w

as e

va cu

at ed

(i nc

lu di

ng th

e na

m e

of th

e po

rt or

a irp

or t),

o r w

as b

ur ie

d at

se a.

Third Schedule - (Cont'd)

106

L.R.O. 1998

(Section 11(1)(b)(vi))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 4

International Certifi cate of Vaccination or Prophylaxis

This is to certify that , ,

born on , national of , as evidenced by national

identifi cation document no., whose signature follows

has on the date indicated been vaccinated or received prophylaxis against:

in accordance with the International

Health Regulations.

name

date of birth

sex

nationality

signature

name of disease or condition

Third Schedule - (Cont'd)

107

L.R.O. 1998

Vaccine or prophylaxis

Manufacturer and Batch No. of vaccine or

prophylaxis

Offi cial stamp of administering

centre

Date Signature and professional

status of supervising

clinician

Certifi cate valid from

until

This certifi cate is valid only if the vaccine or prophylaxis used has been approved by the World Health Organization.

This certifi cate must be signed in the hand of the clinician, who shall be a medical practitioner or other authorized health worker, supervising the administration of the vaccine or prophylaxis. The certifi cate must also bear the offi cial stamp of the administering centre; however, this shall not be an accepted substitute for the signature.

Any amendment of this certifi cate, or erasure, or failure to complete any part of it, may render it invalid.

The validity of this certificate shall extend until the date indicated for the particular vaccination or prophylaxis. The certifi cate shall be fully completed in English or in French. The certifi cate may also be completed in another language on the same document, in addition to either English or French.

(DD/MM/YYYY)

(DD/MM/YYYY)

1.

2.

3.

4.

Third Schedule - (Cont'd)

108

L.R.O. 1998

(Section 11(1)(b)(vii))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 5

Yellow Fever Vaccination List

Date of Birth ExpiryGiven Name Nationality Yellow Fever Vaccination Date

1

2

3

4

5

6

7

8

RankFamily Name

Name of Master

Ship's Stamp

Third Schedule - (Cont'd)

109

L.R.O. 1998

(Section 11(1)(b)(viii))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 6

Standard Data Set of Security-Related Information

1 Particulars of the ship and contact details

1.1 IMO Number1, 2:

1.2 Name of ship1, 2:

1.3 Port of registry1, 2:

1.4 Flag State1, 2:

1.5 Type of ship1:

1.6 Call Sign:

1.7 Inmarsat call numbers3:

1.8 Gross Tonnage1:

1.9 Name of Company1, 2:

Third Schedule - (Cont'd)

110

L.R.O. 1998

1.10 IMO Company identifi cation number2:

1.11 Name and 24-hour contact details of the Company Security Offi cer4:

2. Port and port facility information

2.1 Port of arrival and port facility where the ship is to berth, if known:

2.2 Expected date and time of arrival of the ship in port (paragraph B/4.39.3 of the ISPS Code):

2.3 Primary purpose of call:

3. Information required by SOLAS regulation XI-2/9.2.1

3.1 The ship is provided (SOLAS regulation 9.2.1.1) with a valid:

- International Ship Security Certifi cate

- Interim International Ship Security Certifi cate

3.1.1 The certifi cate indicated in 3.1 has been issued by

and which expires on

.

3.1.2 If the ship is not provided with a valid International Ship Security Certifi cate or a valid Interim International Ship Security Certifi cate, explain why.

3.1.2.1 Does the ship have an approved ship security plan on board?

Yes No

Yes No

(Date of expiry1)

Government1, 2 or the Recognized Security Organization1, 2)

(Name of the Contracting

Yes No

Third Schedule - (Cont'd)

111

L.R.O. 1998

3.2 Current security level (SOLAS regulation XI-2/9.2.1.2):

3.2.1 Location of the ship at the time the report is made (paragraph B/4.39.2 of the ISPS Code):

3.3 List the last ten calls, in chronological order with the most recent call first, at port facilities at which the ship conducted ship/port interface5 together with the security level at which the ship operated (SOLAS regulation XI-2/9.2.1.3):

3.3.1 Did the ship, during the period specified in 3.3, take any special or additional security measures, beyond those specified in the approved ship security plan?

No. Port, Country, Port Facility and UNLOCODE3 Security levelFrom6 Date

To6

Yes No

Third Schedule - (Cont'd)

112

L.R.O. 1998

3.3.2 If the answer to 3.3.1 is YES, for each of such occasions please indicate the special or additional security measures which were taken by the ship (SOLAS regulation XI-2/9.2.1.4):

Special or additional s ecu r i t y measures

Port, Country, Port Facility and UNLOCODE3From6 Date

To6No.

Third Schedule - (Cont'd)

113

L.R.O. 1998

3.4 List the ship-to-ship activities7, in chronological order with the most recent ship-to- ship activity fi rst, which have been carried out during the period specifi ed in 3.3:

3.4.1 Have the ship security procedures, specifi ed in the approved ship security plan, been maintained during each of the ship-to-ship activi t ies specif ied in 3.4 (SOLAS regulation XI-2/9.2.1.5)?

Location or Latitude and Longitude Ship-to-ship activityNo. From6 Date

To6

Not applicable

Yes No

Third Schedule - (Cont'd)

114

L.R.O. 1998

3.4.2 If the answer to 3.4.1 is NO, identify the ship-to-ship activities for which the ship security procedures were not maintained and indicate, for each, the security measures

which were applied in lieu:

3.5 Provide a general description of cargo aboard the ship (SOLAS regulation XI-2/9.2.1.6 and paragraph B/4.39.5 of the ISPS Code):

3.5.1 Is the ship carrying any dangerous substances8 as cargo?

3.5.2 If the answer to 3.5.1 is YES, provide details or attach a copy of the Dangerous Goods Manifest (IMO FAL Form 7).

Security measures applied Ship-to-ship activityNo. From6 Date

To6

Yes No

Third Schedule - (Cont'd)

115

L.R.O. 1998

3.6 A copy of the ship’s Crew List (IMO FAL Form 5) is attached (SOLAS regulation XI-2/9.2.1.6 and paragraph B/4.39.4 of the ISPS Code)

3.7 A copy of the ship’s Passenger List (IMO FAL Form 6) is attached (SOLAS regulation XI-2/9.2.1.6 and paragraph B/4.39.6 of the ISPS Code)

4. Other security-related information

4.1 Is there any security-related matter you wish to report?

4.1.1 If the answer to 4.1 is YES, provide details9:

5. Agent of the ship at the intended port of arrival

5.1 Name and contact details (telephone number) of the agent of the ship at the intended port of arrival:

6. Identifi cation of the person providing the information

6.1 Name:

6.2 Title or position10:

6.3 Signature:

This report is dated at on .

Yes No

(time and date)(place)

Third Schedule - (Cont'd)

116

L.R.O. 1998

EXPLANATORY NOTES

1. As appearing on the ship’s International Ship Security Certifi cate or the ship’s Interim International Ship Security Certifi cate.

2. If a copy of the ship’s current Continuous Synopsis Record (CSR) is submitted there is no need to complete this entry.

3. If available.

4. Refer to paragraph 27 of the Guidance relating to the implementation of SOLAS chapter XI-2 and of the ISPS Code (MSC/Circ.1132).

5. Ship/port interface means the interactions that occur when a ship is directly and immediately aff ected by actions involving the movement of persons, goods or the provisions of port services to or from the ship (SOLAS regulation XI-2/1.1.8).

6. Provide the date.

7. Ship-to-ship activity means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another (SOLAS regulation XI-2/1.1.10).

Information would not normally be required to include records of transfers of pilots or of customs, immigration or security offi cials nor bunkering, lighting, loading of supplies and unloading of waste by ship within port facilities as these would normally fall within the auspices of the Port Facility Security Plan (PFSP) (paragraph B/4.38 of the ISPS Code).

Ascertaining whether these activities fall within the PFSP should form part of the dialogue between the Ship Security Offi cer and the Port Facility Security Offi cer. It should be remembered that the physical boundaries of port facilities may not always coincide with the boundaries of the port or harbour authority.

Third Schedule - (Cont'd)

117

L.R.O. 1998

8. Dangerous substances as cargo means the carriage of substances, materials and articles covered by the IMDG Code and falling under the following classes of dangerous goods irrespective of whether these are carried in bulk or packaged form:

− Class 1: Explosives − Class 2.1: Flammable gas − Class 2.3: Toxic gases − Class 3: Flammable liquids − Class 4.1: Flammable solids, self-reactive substances and desensitized explosives − Class 5.1: Oxidizing substances − Class 6.1: Toxic substances − Class 6.2: Infectious substances − Class 7: Radioactive material − Class 8: Corrosive substances

This information may be extracted from the Dangerous Goods Manifest (IMO FAL Form 7) or the whole Dangerous Goods Manifest may be submitted.

9. Other security-related matters include but are not limited to the carriage of stowaways or any persons rescued at sea. When reporting stowaways please see the Guidelines on the

allocation of responsibilities to seek the successful resolution of stowaway cases adopted by the Organization with resolution A.871(20). This resolution provides in the Appendix to the Annex a Stowaway details report which should be completed and forwarded to the extent that is practically possible. When reporting persons rescued at sea please see the guidance provided in paragraph B/4.38.3 of the ISPS Code.

10. Master, Ship Security Offi cer, Company Security Offi cer or Agent of the ship at the intended port of arrival.

Third Schedule - (Cont'd)

118

L.R.O. 1998

(Section 11(1)(b)(ix)

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 7

Ship Sanitation Control Exemption Certifi cate/Ship Sanitation Control Certifi cate

Port of Date:

This Certifi cate records the inspection and 1) exemption from control or 2) control measures applied

Name of ship or inland navigation vessel

Flag Registration/IMO No.

At the time of inspection the holds were unladen/laden with tonnes of cargo

Name and address of inspecting offi cer

Third Schedule - (Cont'd)

119

L.R.O. 1998

Sample results2Evidence found1

Ship Sanitation Control Exemption Certifi cate

Areas, [systems, and services] inspected

Galley Pantry Stores Hold(s)/cargo Quarters: -crew - offi cers - passengers - deck Potable water Sewage Ballast tanks Solid and medical waste Standing water Engine room Medical facilities Other areas specifi ed - see attached Note areas not applicable, by marking N/A

Documents reviewed

Medical log Ship’s log Other

No evidence found. Ship/vessel is exempted from control measures.

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health). 2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re-inspection is required, to the next appropriate port of call coinciding with the re-inspection date specifi ed in this certifi cate. Sanitation Control Exemption Certifi cates and Sanitation Control Certifi cates are valid for a maximum of six months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

Name and designation of issuing offi cer Signature and seal Date

Third Schedule - (Cont'd)

120

L.R.O. 1998

Control measures applied Re-inspection date Comments regarding conditions found

Ship Sanitation Control Certifi cate

No evidence found. Ship/vessel is exempted from control measures.

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health). 2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re- inspection is required, to the next appropriate port of call coinciding with the re-inspection date specifi ed in this certifi cate. Sanitation Control Exemption Certifi cates and Sanitation Control Certifi cates are valid for a maximum of six months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

Name and designation of issuing offi cer Signature and seal Date

Third Schedule - (Cont'd)

121

L.R.O. 1998 Sa

m pl

e re

su lts

E vi

de nc

e fo

un d

C on

tr ol

m ea

su re

s a pp

lie d

R e-

in sp

ec tio

n da

te Co

m m

en ts

re ga

rd in

g co

nd iti

on s f

ou nd

A re

as /fa

ci lit

ie s/

sy st

em s i

ns pe

ct ed

1

Fo od

So

ur ce

St

or ag

e

Pr ep

ar at

io n

Se

rv ic

e W

at er

S ou

rc e

S to

ra ge

D is

tri bu

tio n

W as

te H

ol di

ng T

re at

m en

t D

is po

sa l

Sw im

m in

g po

ol s/

sp as

Eq

ui pm

en t

O

pe ra

tio n

M

ed ic

al fa

ci lit

ie s

E qu

ip m

en t a

nd

m

ed ic

al d

ev ic

es

O pe

ra tio

n M

ed ic

in es

O th

er a

re as

in sp

ec te

d

D oc

um en

ts

re vi

ew ed

A tt

ac hm

en t t

o M

od el

S hi

p Sa

ni ta

tio n

C on

tr ol

E xe

m pt

io n

C er

tifi c

at e/

Sh ip

S an

ita tio

n C

on tr

oa l C

er tifi

c at

e

1 I nd

ic at

e w

he n

th e

ar ea

s l is

te d

ar e

no t a

pp lic

ab le

b y

m ar

ki ng

N /A

.

Third Schedule - (Cont'd)

122

L.R.O. 1998

Dispatch-ID

CN 44 trial note attached

LETTER BILL Bulk mail

CN 32

Origin Previous number

Origin OE and IMPC code

Sub-class Dispatch No. DateDestination OE and IMPC code

Category Year

Transportation

(Section 11(1)(b)(x))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 8

Operators Destination

1 Receptacle labels and types

Receptacle labels TotalReceptacle types OthersTraysBags

Number of labels Red Violet Receptacles in mail

Receptacles to be returned

Empty receptacles being returned

Total weight

Third Schedule - (Cont'd)

123

L.R.O. 1998

2 Number of items and weight per format

Format Number of receptacles Weight Number of items

P or S

G

E

Mixed mail

Number of special lists

Number of items exempt from additional terminal dues

Total number of items

Number of receptacles containing

Number of inner packets containing

Number of items subject to additional terminal dues

Registered items

3 Identifi ed items

Tracked items

Insured items

4 Miscellaneous information

Number of CN 65 bills Presence of COD: unregistered items registered items

Dispatching offi ce of exchange signature Offi ce of exchange of destination signature

Third Schedule - (Cont'd)

124

L.R.O. 1998

(Section 11(1)(b)(xi)

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 9

Ship Particulars

Third Schedule - (Cont'd)

1. Name of ship 2. Flag

3. IMO number 4. Type of Ship

5. Gross Tonnage 6. Net Tonnage

7. Year of Build 8. Builder

9. Deadweight 10. Lightship weight

11. Draught 12. Speed

125

L.R.O. 1998

(Sections 11(1)(b), 15(1) and (2), 25(b), and 37(2))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART B

FORM 1

Advanced Passenger Information

A. Data relating to the voyage

1. (Ship) Identifi cation

IMO or registration number.

2. Registration

Ship registration number.

3. Country of Registration

Country where ship is registered.

4. Agent or Owner

Name of agent for the ship or, where no agent, name of owner.

5. Call Sign (if applicable)

6. Scheduled Departure Date

Date of scheduled departure of ship based on local time of departure from location.

Third Schedule - (Cont'd)

126

L.R.O. 1998 Third Schedule - (Cont'd)

7. Scheduled Departure Time

Time of scheduled departure of ship based on local time of departure from location.

8. Scheduled Arrival Date

Date of scheduled arrival of ship based on local time of arrival at location.

9. Scheduled Arrival Time

Time of scheduled arrival of ship based on local time of arrival at location.

10. Last Place or Port of Call of Ship

Ship departed from this last place or port of call to go to a place or port of call.

11. Place or Port of Initial Arrival of Ship

Place or port of call in the country of destination where the ship arrives from the last place or port of call of ship initial arrival.

12. Subsequent Place or Port of Call Within the Country or Domestic Space

13. Number of Passengers on Board Ship

Total number of passengers on board ship.

14. Number of Crew Members on Board Ship

Total number of crew on board ship.

127

L.R.O. 1998

B. Data relating to each individual on board a ship

Core Data Elements of the Offi cial Travel Documents

1. Offi cial Travel Document Number

Passport or other offi cial travel document number.

2. Issuing State or Organisation of the Offi cial Travel Document

Name of the state or organisation responsible for the issuance of the offi cial travel document.

3. Offi cial Travel Document Type

Indicator to identify type of offi cial travel document.

4. Expiration Date of Offi cial Travel Document

Expiration date of the offi cial travel document.

5. Surname and Given Name(s) Family name and given name(s) of the holder as they appear on the offi cial travel document.

6. Nationality

Nationality of the holder of the travel document.

7. Date of Birth

Date of birth of the holder of the travel document.

8. Gender

Gender of the holder of the travel document.

Third Schedule - (Cont'd)

128

L.R.O. 1998

9. Place of Birth

Please give City and Country of birth.

10. Place or Port of Original Embarkation

Place or port on that journey where traveller fi rst boarded for foreign travel.

11. Place or Port of Clearance

Place or port where the traveller is cleared by the border control agencies.

12. Place or Port of Onward Foreign Destination

Foreign place or port where the traveller is transiting.

13. Passenger Name Record (PNR) Data

As available in the traveller's Passenger Name Record (PNR) in the carrier's Reservation System including all historical changes to the PNR listed. Must include:

(1) PNR record locator

(2) Date of reservation or issue of ticket

(3) Date(s) of intended travel

(4) Surname and Given Name(s)

(5) Address and contact information (telephone number, e-mail address)

(6) All forms of payment information, including billing address

(7) Complete travel itinerary for specifi c PNR

(8) Frequent fl yer information

(9) Travel agency or travel agent

Third Schedule - (Cont'd)

129

L.R.O. 1998

(10) Travel status of passenger, including confi rmations, check-in status, no show or go show information

(11) Split or divided PNR information

(12) General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor,

departure and arrival agent)

(13) Ticketing fi eld information, including ticket number, date of ticket issuance and one-way tickets, Automated Ticket Fare Quote fi elds

(14) Seat number and other seat information

(15) Code share information

(16) All baggage information

(17) Number and other names of travellers on PNR

(18) Any Advanced Passenger Information (API) data collected

(19) All historical changes to the PNR listed in numbers 1 to 18

Third Schedule - (Cont'd)

130

L.R.O. 1998

C. Additional Data

1. Visa Number (if applicable) 2. Place of Issue of the visa

Place where visa was issued

3. Date of Issue of the visa

Date when visa was issued

4. Other Document Number used for Travel (if applicable)

The other document number used for travel when the offi cial travel document is not required

5. Other Document Number used for Travel (if applicable)

Type of other document used for travel (supporting travel document)

6. Primary Residence

Country of primary residence

(Country where passenger resides most of the year)

Address

(location identifi cation such as: street name and number)

City

State/Province/Country

Postal Code

Third Schedule - (Cont'd)

131

L.R.O. 1998

D. Data relating to the Reporting Party

Reporting Party Name

Reporting Party Telephone Number

Reporting Party Facsimile Number

Reporting Party Electronic Mail Address

Third Schedule - (Cont'd)

132

L.R.O. 1998

(Section 11(1)(b)(ii))

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM 2

Advanced Cargo Information

Electronic Manifest Management Asycuda

A. Maritime Cargo Data Messages

Cargo Manifest:

To be submitted by master or ship agent

Master Waybill:

To be submitted by master or ship agent

House Waybill:

To be submitted by Freight Forwarded or Representatives

Response Message:

To be handled by the fi ling party

Third Schedule - (Cont'd)

133

L.R.O. 1998

B. Cargo for Discharge in Barbados

Data relating to the Manifest

Data relating to the Manifest:

Voyage number

(A number assigned by local Shipping Agent for ships)

Date and Time of submission

Carrier

(Name of ship)

Scheduled Departure Date

(Date of departure of ship)

Scheduled Arrival Date

(Date of arrival of ship)

Scheduled Arrival Time

(Time of arrival of ship)

Place of Departure

(The last foreign port or place of call for ship)

Destination

(Port or place in the country of destination where the ship fi rst reports)

Subsequent Place or Port of call within the country (Optional)

Third Schedule - (Cont'd)

134

L.R.O. 1998

Agent: Name

Authorised representative of the ship (where available)

Owner

(Name of owner of ship)

Transport: Mode

(The manner in which the goods are imported or exported)

Transport: Name

(Name of the importing or exporting ship)

Transport: Nationality

(Nationality of ship as determined by its port of registry)

Transport: Place (Optional)

(Port of registry)

Registration (Optional)

(International registration number including, in respect of ships, the International Maritime Organisation or Lloyd's registration number)

Master (Optional)

(Name of ship's captain)

Total: Bills

Total: Packages

Total: Containers

Third Schedule - (Cont'd)

135

L.R.O. 1998

Total: Gross (Optional)

Tonnage: Net

(Ship's registered tonnage)

Date of last discharge (Optional)

(Date ship last discharged cargo at any port)

C. Data relating to Container Management

Container: Number

(The BIC identifi cation number of containers)

Container: Type

(Type of containers e.g. 20 feet, refrigerated)

Empty/Full Indicator

(Whether full container load or less than container load)

Seals

(The number of the security seal(s) affi xed to the container door)

Marks

(Marks or numbers of the seal(s) affi xed to the container door)

Sealing Party

(The authority that affi xed the seal(s) to the containers)

Total Containers

Transport Document Reference Number

Third Schedule - (Cont'd)

136

L.R.O. 1998

D. Data relating to individual Bills of Lading

Manifest Line Number

(Number indicating the order of bills of lading on a manifest)

Transport Document Type

(Type of document issued by ship, bills of lading or waybills)

Transport Document Reference Number

Purpose of Shipment

(Whether for import, export, in transit or transhipment)

Unique Cargo Reference (Optional)

Place of loading

Place of discharge

Exporter

Exporter Address

Consignee

Notify

(Either the consignee or the name and phone number of the representative)

Total Containers

Packages: Kind

Packages: Marks and Numbers

Third Schedule - (Cont'd)

137

L.R.O. 1998

Quantity: Package

Quantity: Gross Mass

Volume: Cubic Measurement (cbm)

Description of Goods

(pursuant to applicable law)

Freight Indicator

(payment status, whether prepaid or payment on collection)

Amount and Currency

Values:

Customs (Optional)

Insurance (Optional)

Freight (Optional)

Additional Seals

Additional Information

Third Schedule - (Cont'd)

138

L.R.O. 1998

ADVANCED CARGO INFORMATION ELECTRONIC MANIFEST MANAGEMENT ASYCUDA CARGO MANIFEST DATA FIELDS

No.

Tracking No.

1

2

3

4

5

6

7

8

9

DATA FIELDS

General Information

Offi ce of departure or arrival

Voyage number

Date of departure

Time of departure

Date of arrival

Time of arrival

Place of departure

Place of destination

Port of last call

DESCRIPTION

General details with respect to voyage and Ship

Code of the Customs Department fi ling of departure or arrival

Voyage number which uniquely identifi es the current journey of the means of transport

Date when the ship leaves the place of departure

Estimated time when the ship departs the place of departure

Estimated date when the ship arrives at the place of destination

Estimated time when the ship arrives at the place of destination

Place (LOCODE) where current voyage begins on the ship

Place (LOCODE) where current voyage ends on the ship

The place of (LOCODE) where the ship last reported before docking at the place of arrival.

MANDATORY

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

Third Schedule - (Cont'd)

139

L.R.O. 1998

No.

Tracking No.

10

11

DATA FIELDS

General Information

Ship code

Agent

DESCRIPTION

General details with respect to voyage and Ship

Ship code assigned to the party undertaking the transport of the goods

Code of the agent in charge of the ship reporting during the stay in port

MANDATORY

YES

YES

YES

SHIPPING INFORMATION

No.

Tracking No.

12

13

14

15

16

DATA FIELDS

General Information

Bills

Packages

Vehicles

Containers

Gross Weight

DESCRIPTION

General details with respect to voyage and Ship

Total number of waybills on manifest

Total number of packages on manifest

Total number of motor vehicles on manifest

Total number of containers on manifest

Total gross weight contained in the manifest

MANDATORY

YES

YES

YES

YES

YES

YES

TOTALS

Third Schedule - (Cont'd)

140

L.R.O. 1998

No.

Tracking No.

17

18

19

20

21

22

23

DATA FIELDS

General Information

Mode

Nationality

Identity

Registration

Place

Date

Master or Commander

DESCRIPTION

General details with respect to voyage and Ship

Identifying the mode of transport

Flag or Nationality of means of transport

Name of ship

Registration number of ship

Port where the ship was registered

Date of discharge

Name of Master or Commander of the ship

MANDATORY

YES

YES

YES

YES

YES

NO

NO

YES

TRANSPORT

No.

Tracking No.

24

25

26

DATA FIELDS

General Information

Gross Tonnage

Net Tonnage

Offi ce of destination

DESCRIPTION

General details with respect to voyage and Ship

Net tonnage plus maximum allotted cargo weight per voyage

Carrier's base weight

Offi ce of destination. Code of the Customs Department of destination in case of transit

MANDATORY

YES

YES

Conditional or Optional

TONNAGE

Third Schedule - (Cont'd)

141

L.R.O. 1998

CO-LOADER

No.

Tracking No.

27

DATA FIELDS

General Information

Co-loader code

DESCRIPTION

General details with respect to voyage and Ship

Carrier code of the party sharing the ship or aircraft when multiple parties involved

WAYBILL SEGMENT: Bill of lading

No.

Tracking No.

28

DESCRIPTION

General details with respect to voyage and Ship

The Code of the Department

MANDATORY

YES

MANDATORY

YES

Conditional or Optional

DATA FIELDS

General Information

Offi ce Code

DATA FIELDS

General Information

Waybill reference number

Waybill type

DESCRIPTION

General details with respect to voyage and Ship

This is the "Identifi er" of the transport document. This is the reference assigned by the carrier or agent (e.g. bill of lading; it is unique in the manifest)

Alphanumeric code for the type of transport document

MANDATORY

YES

YES

YES

General Information

No.

Tracking No.

29

30

Third Schedule - (Cont'd)

142

L.R.O. 1998

DATA FIELDS

General Information

Nature

Waybill line

Previous document

UCR

Place of loading

Place of unloading

FAS/Liner

DESCRIPTION

General details with respect to voyage and Ship

Code of the document: export-22, import-23, transit-24, transhipment- 28, FROB-26

The 'line number' is a sequence number used to identify each item-bill of lading in the manifest

Reference of the previous document (master waybill) when consolidated cargo

Unique consignment reference number

Place (LOCODE) where the goods were orignally loaded on the ship

Place (LOCODE) where the goods will be ultimately unloaded or discharged from the ship

Terms of condition for transported goods (accepted values F or L)

MANDATORY

YES

YES

YES

Conditional or Optional

NO

YES

YES

YES

General Information - (Concl'd)

No.

Tracking No.

31

32

33

34

35

36

37

Third Schedule - (Cont'd)

143

L.R.O. 1998

No.

Tracking No.

38

39

40

41

DATA FIELDS

General Information

Carrier

Carrier Name

Carrier Address

Shipping agent

DESCRIPTION

General details with respect to voyage and Ship

Carrier code, name and address of the party undertaking the transport of the goods.

The name of the shipping line transporting cargo to and from Barbados

The address of the shipping line transporting cargo to and from Barbados

Code of the shipping agent in charge of the ship management during the stay in port

MANDATORY

YES

YES

YES

YES

YES

CARRIER

No.

Tracking No.

42

43

44

DATA FIELDS

General Information

Exporter code

Name of Exporter

Address of Exporter

DESCRIPTION

General details with respect to voyage and Ship

Exporter code

Name of Exporter

Address of Exporter

MANDATORY

YES

NO

YES

YES

EXPORTER OR SHIPPER

Third Schedule - (Cont'd)

144

L.R.O. 1998

No.

Tracking No.

45

46

DATA FIELDS

General Information

Place of loading on current transport

Place of discharge from current transport

DESCRIPTION

General details with respect to voyage and Ship

Place (LOCODE) where the goods were loaded on current transport (if there was a change of ship, it would be recorded here)

Place (LOCODE) where the goods will be discharged from current transport (if there was further transhipment to be done, it would be recorded here)

MANDATORY

YES

YES or Optional

YES or Optional

TRANSPORT

No.

Tracking No.

47

48

49

DATA FIELDS

General Information

Notify code

Notify name

Notify address

DESCRIPTION

General details with respect to voyage and Ship

Code of the notifying party

Name of the notifying party

Address of the notifying party

MANDATORY

YES

NO

YES

YES

NOTIFY

Third Schedule - (Cont'd)

145

L.R.O. 1998

No.

Tracking No.

50

51

52

DATA FIELDS

General Information

Consignee

Consignee name

Consignee address

DESCRIPTION

General details with respect to voyage and Ship

Consignee code (TIN)

Name of the consignee

Full address of the consignee

MANDATORY

YES

NO or Optional

YES

YES

CONSIGNEE

No.

Tracking No.

53

54

55

56

57

DATA FIELDS

General Information

Total containers

Packages codes

Marks and Ndr

Manifested packages

Total vehicles

DESCRIPTION

General details with respect to voyage and Ship

Total number of containers for this transport document

Kind of packages (packaging type code)

Marks and numbers

Number of packages as indicated on the waybill

Total number of vehicles for this waybill

MANDATORY

YES

YES

YES

YES

YES

YES

GOOD DETAILS

Third Schedule - (Cont'd)

146

L.R.O. 1998

No.

Tracking No.

58

59

60

61

62

63

64

65

DATA FIELDS

General Information

Manifested gross weight

Volume (CBM)

Description of goods

H.S. Code

UNDG

Place of Origin

Place of Destination

Location

DESCRIPTION

General details with respect to voyage and Ship

Gross weight as indicated on the waybill. This fi eld must be accurrately captured as the data are compared to the "Totals" information of the general segment.

Volume of the goods in cubic metres

Commercial description of the goods from the waybill data (e.g. clothes, machines...)

Tariff code for goods

Dangerous goods code (UNDG)

Place where goods are loaded into container for shipment (free text area)

Place where goods will be unloaded from container (free text area)

Code of the place where the goods are located in a shed or container park

MANDATORY

YES

YES

NO or Mandatory

YES

NO or Optional

Conditional

NO or Optional

NO or Optional

NO or Optional

GOOD DETAILS - (Concl'd)

Third Schedule - (Cont'd)

147

L.R.O. 1998

No.

Tracking No.

66

67

68

69

70

71

72

73

74

75

76

77

78

79

DATA FIELDS

General Information

Value or freight code

P/C

Freight value amount

Freight currency

Customs value

Customs currency

Insurance value

Insurance currency

Transport value

Transport currency

Seal number of seals

Marks of seals

Party

Information

DESCRIPTION

General details with respect to voyage and Ship

Value or freight code

Prepaid or collect indicator for the value code

Amount of the value code

Currency code for the value code

Customs value of goods

Customs currency code

Insurance cost of the goods

Insurance currency code

Overall freight cost

Overall freight currency code

Number of seals affi xed on non- containerized cargo

Description marks or references number of seals

Code of the party having affi xed the seals

Additional information when required

MANDATORY

YES

YES

Conditional or Mandatory

YES

YES

YES or Optional

YES or Optional

YES

YES

YES

YES

Conditional or Optional

Conditional or Optional

Conditional or Optional

NO or Optional

DECLARED VALUES AND SEAL DETAILS

Third Schedule - (Cont'd)

148

L.R.O. 1998

CONTAINER SEGMENT

No.

Tracking No.

80

81

82

83

84

85

86

87

88

89

90

91

DATA FIELDS

General Information

Container Number

Number of packages

Container Type

E/F

Seal Number

Sealing Party

Empty Weight

Goods Weight

Min. Temp. CE

Max. Temp. CE

Humidity

Dangerous Code

DESCRIPTION

General details with respect to voyage and Ship

Container number(s) for container(s) relating to waybill

Number of packages in container

Container size-type

Empty or Full indicator

Quantity of seals affi xed and seal numbers (3 fi elds)

Party affi xing the seals

Empty weight of container (KG)

Weight of goods in container (KG)

Minimum temperature in celsius for refrigerated containers

Maximum temperature in celsius for refrigerated containers

Temperature in celsius that the goods should be stored

UNDG code for dangerous goods

MANDATORY

YES

YES

YES

YES

YES

YES or Optional

YES or Optional

YES or Optional

YES

Conditional or Optional

Conditional or Optional

Conditional or Optional

Conditional or Optional

Third Schedule - (Cont'd)

149

L.R.O. 1998

CONTAINER SEGMENT - (Concl'd)

No.

Tracking No.

92

93

94

95

96

DATA FIELDS

General Information

H.S. Code

Goods Description

Container Disposition

Volume

Container line code

DESCRIPTION

General details with respect to voyage and Ship

Tariff Code for goods in container

Description of goods in container

(Cargo disposition, accepted values "CY. CFS and P. UNSTUFF). Required only when BL nature 23 and container is not empty

Volume of cargo per container

Code identifying shipping container owner

MANDATORY

YES

No or Optional

YES

Conditional

YES

YES

Third Schedule - (Cont'd)

150

L.R.O. 1998

VEHICLE SEGMENT

No.

Tracking No.

97

98

99

100

101

102

103

104

DATA FIELDS

General Information

Chassis Number

Engine Number

Engine Size

Odometer Reading

Make or Brand

Year

Colour

New or Used

DESCRIPTION

General details with respect to voyage and Ship

Chassis number of vehicle

Engine number of vehicle

Engine (cc) or (kw)

Mileage of vehicle

Make and brand of vehicle

Year of manufacture

Colour of vehicle

If vehicle new or used

MANDATORY

YES

YES

YES or Optional

YES

YES or Optional

YES

YES

YES or Optional

YES or Optional

Third Schedule - (Cont'd)

151

L.R.O. 1998

DATA SUBMISSION TIME FRAME

1. The information set out in the Advanced Cargo Information System Data Fields

(a) for incoming cargo by ship:

(i) containerized cargo: 24 hours before arrival at fi rst port in the country of destination;

(ii) bulk or break bulk: 24 hours before arrival at fi rst port in the country of destination;

(b) for outgoing cargo by ship:

(i) containerized cargo: 24 hours before loading at port of departure;

(ii) bulk or break bulk: 24 hours before departure to the fi rst port in the country of destination.

Third Schedule - (Concl'd)

152

L.R.O. 1998

FOURTH SCHEDULE

(Sections 11(1)(c), 34(1) and 36)

Documents relating to Stowaways

PART A

REVISED GUIDELINES ON THE PREVENTION OF ACCESS BY STOWAWAYS AND THE ALLOCATION OF RESPONSIBILITIES TO SEEK THE SUCCESSFUL

RESOLUTION OF STOWAWAY CASES

THE FACILITATION COMMITTEE,

HAVING CONSIDERED the general purposes of the Convention on Facilitation of International Maritime Traffi c, 1965, as amended (FAL Convention), and in particular article III thereof,

RECALLING the provisions of resolution A.1027(26) on Application and revision of the Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution A.871(20)),

RECALLING ALSO that the International Convention Relating to Stowaways, which attempted to establish an internationally acceptable regime for dealing with stowaways, has not yet come into force,

RECALLING FURTHER that it adopted, in accordance with article VII(2)(a) of the FAL Convention, at its twenty-ninth session, on 10 January 2002, amendments to the Convention on Facilitation of International Maritime Traffi c, 1965, as amended (resolution FAL.7(29)), which introduced a new section 4 on Stowaways in the annex to the FAL Convention, prescribing Standards and Recommended Practices on matters relating to stowaways (the FAL provisions on stowaways), which entered into force on 1 May 2003,

RECALLING IN ADDITION that, for the purposes of this resolution, a stowaway is defi ned as a person who is secreted on a ship or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities,

153

L.R.O. 1998

NOTING with concern the number of incidents involving stowaways, the consequent potential for disruption of maritime traffi c, the impact such incidents may have on the safe operation of ships and the considerable risks faced by stowaways, including loss of life,

NOTING ALSO that several Member States which are also Contracting Governments to the FAL Convention:

(a) have notifi ed the Secretary-General, in accordance with article VIII(1) of the FAL Convention (in relation to the Standards specifi ed in section 4 of the annex to the FAL Convention) either that they fi nd it impracticable to comply with the

above-mentioned Standards or of differences between their own practices and those Standards; or

(b) have not yet notifi ed the Secretary-General, in accordance with article VIII(3) of the FAL Convention, that they have brought their formalities, documentary

requirements and procedures into accord in so far as practicable with the Recommended Practices specifi ed in section 4 of the annex to the FAL Convention,

RECALLING that resolution A.1027(26) expressed conviction of the need to align, to the extent possible and desirable, the Guidelines with the FAL provisions on stowaways and to revise them in a manner that refl ects developments in efforts undertaken to prevent stowaways, as well as to provide guidance and recommendations, taking into account the FAL provisions on stowaways, on measures which can be implemented by vessels to prevent cases involving stowaways,

TAKING INTO ACCOUNT that some stowaways may be asylum seekers and refugees, which should entitle them to such relevant procedures as those provided by international instruments and national legislation,

BEING AWARE that considerable diffi culties continue to be encountered by masters and shipping companies, shipowners and ship operators when stowaways are to be disembarked from ships into the care of the appropriate authorities,

AGREEING that the existence of such guidance should in no way be regarded as condoning or encouraging the practice of stowing away and other illegal migration, and should not undermine efforts to combat the separate problems of alien smuggling or human traffi cking,

Fourth Schedule - (Cont'd)

154

L.R.O. 1998

AGREEING ALSO that the provisions of this resolution should, in accordance with resolution A.1027(26), be considered as being of relevance only with respect to:

(a) Member States which are not Contracting Governments to the FAL Convention; and

(b) Member States which are Contracting Governments to the FAL Convention and which:

(i) have notifi ed the Secretary-General, in accordance with article VIII(1) of the FAL Convention (in relation to the Standards specifi ed in section 4 of the annex to the FAL Convention) either that they fi nd it impracticable to

comply with the aforementioned Standards or of differences between their own practices and those Standards; or

(ii) have not yet notifi ed the Secretary-General, in accordance with article VIII(3) of the FAL Convention, that they have brought their formalities,

documentary requirements and procedures into accord in so far as practicable with the Recommended Practices specifi ed in section 4 of the annex to the FAL Convention,

BELIEVING that, at present, stowaway cases can best be resolved through close cooperation among all authorities and persons concerned,

BELIEVING ALSO that, in normal circumstances, through such cooperation, stowaways should, as soon as practicable, be removed from the ship concerned and returned to the country of nationality/citizenship or to the port of embarkation, or to any other country which would accept them, RECOGNIZING that stowaway incidents should be dealt with humanely by all Parties involved, giving due consideration to the operational safety of the ship and its crew,

WHILST URGING national authorities, port authorities, shipowners and masters to take all reasonable precautions to prevent stowaways gaining access to vessels,

NOTING that the Maritime Safety Committee, at its eighty-eighth session, adopted the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution MSC.312(88)),

NOTING ALSO that, at its thirty-seventh session, it adopted the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution FAL.11(37)),

Fourth Schedule - (Cont'd)

155

L.R.O. 1998

RECALLING that, at its fortieth session, it adopted amendments to the annex to the FAL Convention (resolution FAL.12(40)), which included amendments to section 4 (Stowaways), AGREEING that these amendments should be refl ected in the revised guidelines as adopted by resolution FAL.11(37),

NOTING that the Maritime Safety Committee, at its ninety-ninth session, adopted the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution MSC.448(99)),

1 ADOPTS the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases, set out in the annex to the present resolution;

2 URGES Governments to implement in their national policies and practices the amended procedures recommended in the annexed Guidelines;

3 ALSO URGES Governments to deal with stowaway cases in a spirit of cooperation with other parties concerned, on the basis of the allocation of responsibilities set out in the annexed Guidelines as from 1 July 2018;

4 INVITES shipping companies, shipowners and ship operators to take on the relevant responsibilities set out in the annexed Guidelines and to guide their masters and crews as to their respective responsibilities in stowaway cases;

5 INVITES Governments to develop, in cooperation with the industry, comprehensive strategies to improve access control and prevent intending stowaways from gaining access to ships;

6 RESOLVES to continue to monitor the effectiveness of the annexed Revised guidelines on the basis of information provided by Governments and the industry, to keep them under review and to take such further action, including the development of a relevant binding instrument, as may be considered necessary in light of the developments;

7 REVOKES resolution FAL.11(37) on Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases;

8 REQUESTS the Assembly to endorse the action taken by the Maritime Safety Committee and the Facilitation Committee.

Fourth Schedule - (Cont'd)

156

L.R.O. 1998

REVISED GUIDELINES ON THE PREVENTION OF ACCESS BY STOWAWAYS AND THE ALLOCATION OF RESPONSIBILITIES TO SEEK THE SUCCESSFUL

RESOLUTION OF STOWAWAY CASES

1 Introduction

1.1 Masters, shipowners, public authorities, port authorities and other stakeholders, including those providing security services ashore, have a responsibility to cooperate to the fullest extent possible in order:

.1 to prevent stowaway incidents; and

.2 to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place; all appropriate measures should be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.

1.2 However, no matter how effective port and ship security measures are, it is recognized that there will still be occasions when stowaways gain access to vessels, either secreted in the cargo or by surreptitious boarding.

1.3 The resolution of stowaway cases is diffi cult because of different national legislation in each of the several potentially involved States: the State of embarkation, the State of disembarkation, the fl ag State of the ship, the State of apparent, claimed or actual nationality/ citizenship or right of residence of the stowaway, and States of transit during repatriation.

2 Defi nitions

For the purpose of these Guidelines, the following meanings shall be attributed to the terms listed:

.1 Attempted stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.

.2 Port. Any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships, or any other place at which a ship can call.

Fourth Schedule - (Cont'd)

157

L.R.O. 1998

.3 Public authorities. The agencies or offi cials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the present Guidelines.

.4 Security measures. Measures developed and implemented in accordance with international agreements to improve security on board ships and in port areas and facilities, and of goods moving in the international supply chain, to detect and prevent punlawful acts.1

.5 Shipowner. One who owns or operates a ship, whether a person, a corporation or other legal entity, and any person acting on behalf of the owner or operator.

.6 Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship

after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities.

3 Basic principles

On the basis of the experience thus far, the application of the following basic principles have been useful in preventing stowaway incidents and have been helpful in the speedy resolution of stowaway cases:

.1 Stowaway incidents should be dealt with in a manner consistent with humanitarian principles. Due consideration must always be given to the operational safety of the ship and to the safety and well-being of the stowaway.

.2 Public authorities, port authorities, shipowners and masters should cooperate to the fullest extent possible in order to prevent stowaway incidents.

_________ 1 Reference is made to chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974, as amended

(1974 SOLAS Convention) and the International Ship and Port Facility Security Code, as amended (ISPS Code); and to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 (1988 SUA Convention) and its 2005 Protocol (2005 SUA Protocol).

Fourth Schedule - (Cont'd)

158

L.R.O. 1998

.3 Shipowners, masters, port authorities and public authorities should have adequate security arrangements in place which, as far as practicable, will prevent intending stowaways from getting aboard a ship or, if this fails, will detect them before

the ship leaves port or, at the latest, before it arrives at the next port of call.

.4 Adequate, frequent and well-timed searches minimize the risk of having to deal with a stowaway case and may also save the life of a stowaway who may, for example, be hiding in a place which is subsequently sealed and/or chemically treated.

.5 Public authorities, port authorities, shipowners and masters should cooperate to the fullest extent possible in order to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place. All appropriate measures should be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.

.6 Stowaways arriving at or entering a State without the required documents are, in general, illegal entrants. Decisions on dealing with such situations are the prerogative of the States where such arrival or entry occurs.

.7 Stowaway asylum seekers should be treated in accordance with international protection principles as set out in international instruments, such as the provisions of the United Nations Convention relating to the Status of Refugees of 28 July 1951 and of the United Nations Protocol relating to the

Status of Refugees of 31 January 1967 and relevant national legislation.2

.8 Every effort should be made to avoid situations where a stowaway has to be detained on board a ship indefi nitely. In this regard States should cooperate with the shipowner in arranging the disembarkation of a stowaway to an appropriate State.

.9 States should accept the return of stowaways who have full nationality/ citizenship status in that State, or have a right of residence in that State.

.10 Where the nationality or citizenship or right of residence cannot be established, the State of the original port of embarkation of a stowaway should accept the return of such a stowaway for examination pending fi nal case disposition.

_________ 2 In addition, public authorities may wish to consider the non-binding conclusion of the UNHCR Executive Committee on Stowaway Asylum Seekers (1988, No. 53 (XXXIX)).

Fourth Schedule - (Cont'd)

159

L.R.O. 1998

4 Preventive measures

4.1 Port/terminal authorities

4.1.1 States and port and terminal owners, operators and authorities should ensure that the necessary infrastructure, and operational and security arrangements for the purpose of preventing persons attempting to stowaway on board ships from gaining access to port installations and to ships, are established in all their ports, taking into consideration when developing these arrangements the size of the port, and what type of cargo is shipped from the port. This should be done in close cooperation with relevant public authorities, shipowners and shore-side entities, with the aim of preventing stowaway occurrences in the individual port.

4.1.2 Operational arrangements and/or port facility security plans should at least be equivalent to those contained in the relevant text of section B/16 of the ISPS Code.3

4.2 Shipowner/Master

4.2.1 Shipowners and masters should ensure that adequate security arrangements are in place which, as far as practicable, will prevent intending stowaways from getting aboard the ship, and, if this fails, as far as practicable, will detect them before the ship leaves port or, at the latest, before it arrives at the next port of call.

4.2.2 When calling at ports and during stay in ports, where there is risk of stowaway embarkation, operational arrangements and/or ship security plans should at least be equivalent to those contained in the relevant text of paragraph B/9 of the ISPS Code.4

4.2.3 When departing from a port, where there is risk of stowaway embarkation, a ship should undergo a thorough search in accordance with a specifi c plan or schedule, and with priorities given to places where stowaways might hide taking into account the specifi c ship type and its operations. Search methods which are likely to harm secreted stowaways should not be used.

4.2.4 Fumigation or sealing should not be carried out until a thorough search of the areas to be fumigated or sealed has taken place in order to ensure that no stowaways are present in those areas.

_________ 3 Recommended Practice 4.3.1.2 of the FAL Convention. 4 Recommended Practice 4.3.2.2 of the FAL Convention.

Fourth Schedule - (Cont'd)

160

L.R.O. 1998

5 Responsibilities in relation to the resolution of stowaway cases

5.1 Questioning and notifi cation by the master

It is the responsibility of the master of the ship which fi nds any stowaways on board:

.1 to make every effort to determine immediately the port of embarkation of the stowaway;

.2 to take practical steps to establish the identity, including the nationality/ citizenship and the right of residence, of the stowaway;

.3 to prepare a statement containing all available information relevant to the stowaway for presentation to the appropriate authorities (for example, the public authorities at the port of embarkation, the fl ag State and, if necessary, subsequent ports of call) and the shipowner; in this respect the reporting form provided in the appendix should be used and completed as far as practicable;

.4 to notify the existence of a stowaway and any relevant details to the shipowner and appropriate authorities at the port of embarkation, the next port of call and the fl ag State, with the understanding that when a stowaway declares himself or herself to be a refugee, this information should be treated as confi dential to the extent necessary for the security of the stowaway; to ensure confi dentiality in these cases no information should be forwarded to authorities public or private in the country of origin or residence of the stowaway;

.5 not to depart from the planned voyage to seek the disembarkation of a stowaway discovered on board the ship after it has left the territorial waters of the State where the stowaways embarked, unless permission to disembark the

stowaway has been granted by the public authorities of the State to whose port the ship deviates, or repatriation has been arranged elsewhere with suffi cient

documentation and permission given for disembarkation, or unless there are extenuating safety, security, health or compassionate reasons, or attempts to disembark in other ports on the planned voyage have failed and deviation is necessary in order to avoid that the stowaway remain on board for a signifi cant period of time;

.6 to ensure that the stowaway is presented to the appropriate authorities at the next port of call in accordance with their requirements;

Fourth Schedule - (Cont'd)

161

L.R.O. 1998

.7 to take appropriate measures to ensure the security, general health, welfare and safety of the stowaway until disembarkation, including providing him or her with adequate provisioning, accommodation, proper medical attention and sanitary facilities;

.8 to ensure that stowaways are not permitted to work on board the ship, except in emergency situations or in relation to the stowaway's accommodation and provisioning on board; and

.9 to ensure that stowaways are treated humanely, consistent with the basic principles.

5.2 The shipowner

It is the responsibility of the shipowner of the ship on which stowaways are found:

.1 to ensure that the existence of, and any relevant information on, the stowaway has been notifi ed to the appropriate authorities at the port of embarkation, the next port of call and the fl ag State;

.2 to comply with any removal directions made by the competent national authorities at the port of disembarkation; and

.3 to cover any applicable costs relating to the removal, detention, care and disembarkation of the stowaway in accordance with the legislation of the States which may be involved.

5.3 The State of the fi rst port of call according to the voyage plan

It is the responsibility of the State of fi rst port of call according to the voyage plan after the discovery of the stowaway:

.1 to accept the stowaway for examination in accordance with the national laws of that State and, where the competent national authority considers that it would facilitate matters, to allow the shipowner and the competent or appointed P&I Club correspondent to have access to the stowaway;

Fourth Schedule - (Cont'd)

162

L.R.O. 1998

.2 to favourably consider allowing disembarkation and provide, as necessary and in accordance with national law, secure accommodation which may be at the expense of the shipowner, where:

.1 a case is unresolved at the time of sailing of the ship; or

.2 the stowaway is in possession of valid documents for return and the public authorities are satisfi ed that timely arrangements have been or will be made for repatriation and all the requisites for transit fulfi lled; or

.3 other factors make it impractical for the stowaway to remain on the ship; such factors may include but are not limited to cases where a stowaway's presence on board would endanger the safe and secure operation of the ship, the health of the crew or the stowaway;

.3 to make every effort to cooperate in the identifi cation of the stowaway and the establishment of his or her nationality/citizenship or right of residence;

.4 to make every effort to cooperate in establishing the validity and authenticity of a stowaway's documents and, when a stowaway has inadequate documents, to whenever practicable and to an extent compatible with national legislation and security requirements issue a covering letter with a photograph of the

stowaway and any other important information, or alternatively, a suitable travel document accepted by the public authorities involved; the covering letter authorizing the return of the stowaway either to his or her State of origin or to the point where the stowaway commenced his or her journey, as appropriate, by any means of transportation and specifying any other conditions imposed by the authorities, should be handed over to the operator effecting the removal of the stowaway; this letter will include information required

by the authorities at transit points and/or the point of disembarkation;

.5 to give directions for the removal of the stowaway to the port of embarkation, State of nationality/citizenship or right of residence or to some other State to which lawful directions may be made, in cooperation with the shipowner;

.6 to inform the shipowner on whose ship the stowaway was found, as far as practicable, of the level of cost of detention and return and any additional

costs for the documentation of the stowaway, if the shipowner is to cover these costs; in addition, public authorities should cooperate with the shipowner to

Fourth Schedule - (Cont'd)

163

L.R.O. 1998

keep such costs to a minimum, as far as practicable, and according to national legislation, if they are to be covered by the shipowner, as well as keeping to a minimum the period during which shipowners are held liable to defray costs of maintenance of a stowaway by public authorities;

.7 to consider mitigation of charges that might otherwise be applicable when shipowners have cooperated with the control authorities to the satisfaction of those authorities in measures designed to prevent the transportation of stowaways;

or where the master has properly declared the existence of a stowaway to the appropriate authorities in the port of arrival, and has shown that all reasonable preventive measures had been taken to prevent stowaways gaining access to the ship;

.8 to issue, if necessary, in the event that the stowaway has no identifi cation and/or travel documents, a document attesting to the circumstances of embarkation and arrival to facilitate the return of the stowaway either to his

or her State of origin, to the State of the port of embarkation, or to any other State to which lawful directions can be made, by any means of transport;

.9 to provide the document to the transport operator effecting the removal of the stowaway;

.10. to take proper account of the interests of, and implications for, the shipowner when directing detention and setting removal directions, so far as is consistent with the maintenance of control, their duties or obligations to the stowaway under the law, and the cost to public funds;

.11 to report incidents of stowaways of which they become aware to the Organization;5

.12 to cooperate with the fl ag State of the ship in identifying the stowaway and their nationality/citizenship and right of residence, to assist in removal of the stowaway

from the ship, and to make arrangements for removal or repatriation; and

.13 if disembarkation is refused, to notify the fl ag State of the ship the reasons for refusing disembarkation.

_________ 5 Refer to FAL.2/Circ.50/Rev.3 on Information on stowaway incidents, as may be amended.

Fourth Schedule - (Cont'd)

164

L.R.O. 1998

5.4 Subsequent ports of call

When the disembarkation of a stowaway has not been possible at the fi rst port of call, it is the responsibility of the State of the subsequent port of call to follow the guidance provided in paragraph 5.3.

5.5 State of embarkation

It is the responsibility of the State of the original port of embarkation of the stowaway (i.e. the State where the stowaway fi rst boarded the ship):

.1 to accept any returned stowaway having nationality/citizenship or right of residence;

.2 to accept a stowaway back for examination where the port of embarkation is identifi ed to the satisfaction of the public authorities of the receiving State;

the public authorities of the State of embarkation should not return such stowaways to the State where they were earlier found to be inadmissible;

.3 to apprehend and detain the attempted stowaway, where permitted by national legislation, if the attempted stowaway is discovered before sailing either on the ship or in cargo due to be loaded; to refer the attempted stowaway to local

authorities for prosecution, and/or, where applicable, to the immigration authorities for examination and possible removal; no charge is to be imposed on the shipowner in respect of detention or removal costs, and no penalty is to be imposed;

.4 to apprehend and detain the stowaway, where permitted by national legislation, if the stowaway is discovered while the ship is still in the territorial waters of the State of the port of his or her embarkation, or in another port in the same State (not having called at a port in another State in the meantime); no charge is to be imposed on the shipowner in respect of detention or removal costs, and no penalty is to be imposed;

.5 to report incidents of stowaways or attempted stowaways of which they become aware to the Organization;6 and

.6 to reassess the preventative arrangements and measures in place and to verify the implementation and effectiveness of any corrective actions.

_________ 6 Refer to FAL.2/Circ.50/Rev.3 on Information on stowaway incidents, as may be amended.

Fourth Schedule - (Cont'd)

165

L.R.O. 1998

5.6 State of nationality or right of residence

It is the responsibility of the apparent or claimed State of nationality/citizenship of the stowaway and/or of the apparent or claimed State of residence of the stowaway:

.1 to make every effort to assist in determining the identity and nationality/ citizenship or the rights of residence of the stowaway and to document the

stowaway, accordingly once satisfi ed that he or she holds the nationality/ citizenship or the right of residence claimed; where possible, the local embassy, consulate or other diplomatic representation of the country of the stowaway's nationality will be required to assist in verifying the stowaway's nationality and providing emergency travel documentation;

.2 to accept the stowaway where nationality/citizenship or right of residence is established; and

.3 to report incidents of stowaways of which they become aware to the Organization.7

5.7 The fl ag State

It is the responsibility of the fl ag State of the ship:

.1 to be willing, if practicable, to assist the master/shipowner or the appropriate authority at the port of disembarkation in identifying the stowaway and determining his or her nationality/citizenship or right of residence;

.2 to be prepared to make representations to the relevant authority to assist in the removal of the stowaway from the ship at the fi rst available opportunity;

.3 to be prepared to assist the master/shipowner or the authority at the port of disembarkation in making arrangements for the removal or repatriation of the stowaway; and

.4 to report incidents of stowaways of which they become aware to the Organization.

5.8 States of transit during repatriation

It is the responsibility of any States of transit during repatriation to allow, subject to normal visa requirements and national security concerns, the transit through their ports and airports of stowaways travelling under the removal instructions or directions of the State of the port of disembarkation.

_________ 7 Refer to FAL.2/Circ.50/Rev.3 on Information on stowaway incidents, as may be amended.

Fourth Schedule - (Cont'd)

166

L.R.O. 1998

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART B

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF

INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED

SHIP DETAILS

Name of ship:

IMO number:

Flag:

Company:

Company address:

Agent in next port:

Agent address:

IRCS:

Inmarsat number:

Date of birth:

Place of birth:

Claimed nationality:

Home address:

Country of domicile:

ID document type, e.g. passport no.:

ID card no. or Seaman's book no.:

If yes,

When issued:

Where issued:

Fourth Schedule - (Cont'd)

167

L.R.O. 1998

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF

INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED - (Cont'd)

Port of registry:

Name of master:

STOWAWAY DETAILS

Date/time found on board:

Place of boarding:8

Country of boarding:

Date/time of boarding:

Intended fi nal destination:

Stated reasons for boarding the ship:9

Surname:

Given name:

Name by which known:

Gender:

Date of expiry:

Issued by:

Photograph of the stowaway:

General physical description of the stowaway:

Photograph if

available

_________ 8 "Place of boarding" should include port, port facility number, berth and terminal information (FAL.7/Circ.1, related to the Unifi ed interpretation of appendix 3 to the FAL Convention). 9 If the stowaway declares himself or herself to be a refugee or an asylum seeker, this information shall be treated as confi dential to the extent necessary to the security of the stowaway.

Fourth Schedule - (Cont'd)

168

L.R.O. 1998

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF

INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED - (Cont'd)

First language:

Spoken:

Read:

Written:

Other languages:

Spoken:

Read:

Written:

Other details:

(1) Method of boarding, including other persons involved (e.g. crew, port workers, etc.), and whether the stowaway was secreted in cargo/container or hidden in the ship:

(2) Inventory of the stowaway's possessions:

Fourth Schedule - (Cont'd)

169

L.R.O. 1998

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF

INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED - (Concl'd)

(3) Statement made by the stowaway:

(4) Care provided to the stowaway (fi rst aid, clothing, food):

Date(s) of interview(s):

Stowaway's signature: Master's signature:

Date: Date:

Fourth Schedule - (Concl'd)

170

L.R.O. 1998

FIFTH SCHEDULE

(Section 11(6))

List of offi cers to whom pre-arrival and pre-departure documents to be submitted

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

Document

Crew List

Passenger List

Advanced Notifi cation Form for Waste Delivery

List of Ports of Call

Maritime Declaration of Health

International Certifi cation of Vaccination

Yellow Fever Vaccination List

Ship Sanitation Control Exemption Certifi cate

Ship Sanitation Control Certifi cate

Offi cer

Chief Environmental Health Offi cer

171

L.R.O. 1998

Document

Security-related information

Stowaway documents

Advanced Passenger Information

List of Ports of Call

Advanced Passenger Information

Advanced Cargo Information

General Declaration

Cargo Declaration/Ship Manifest

Ship's Stores Declaration

Crew's Eff ects Declaration

Dangerous Good's Manifest

Advanced Cargo Information

Offi cer

Chief Executive Offi cer, Barbados Port Inc.

Chief Immigration Offi cer

Comptroller of Customs

Fifth Schedule - (Concl'd)

Chief Operations Offi cer, JRCC

172

L.R.O. 1998

SIXTH SCHEDULE

(Sections 12(1) and (2), 14, 27, 28 and 29)

Certifi cates of Clearance on Pre-Arrival and Arrival

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART A

FORM OF PROVISIONAL CERTIFICATE OF CLEARANCE ON PRE-ARRIVAL

Ship Name:

Type of Ship:

Gross Tonnage:

IMO Number:

Call Sign:

Port of Registry:

Date of Registry:

Passenger Amount (where Applicable):

Date and time of virtual arrival in Barbados:

Expected date and time of actual arrival in Barbados:

Issued by:

Date of issue:

Time of issue:

173

L.R.O. 1998

This is to certify that the pre-arrival documents submitted through the Maritime Single Window,

relating to , in accordance with section 11 of the

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- ) have been examined and

the information has been verifi ed and is in order.

The is granted Provisional Clearance to enter the

Port of Bridgetown in accordance with section 12 of the Facilitation of International Maritime

Traffi c Act, 2021 and shall be subject to on-board inspection on arrival at the Port.

Name of Ship

Name of Ship

Sixth Schedule - (Cont'd)

174

L.R.O. 1998

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART B

FORM OF FINAL CERTIFICATE OF CLEARANCE ON ARRIVAL

Ship Name:

Type of Ship:

Gross Tonnage:

IMO Number:

Call Sign:

Port of Registry:

Date of Registry:

Passenger Amount (where Applicable):

Date and time of arrival in Barbados:

Date and time of actual arrival in Barbados:

Issued by:

Date of issue:

Time of issue:

Sixth Schedule - (Cont'd)

175

L.R.O. 1998

In accordance with section 12 of the Facilitation of International Maritime Traffi c

Act, 2021 - the Ship has been inspected and has

satisfi ed the requirements of the Immigration Act, Cap. 190, Customs Act, Cap. 66 and

Health Services (Assignment of Public Inspectors to Private Businesses) Regulations, 1986

(S.I. 1986 No. 143).

The Ship is granted Final Clearance to enter the Port

of Bridgetown.

Issued by:

Date of Issue:

Time of Issue:

Name of Ship

Name of Ship

Sixth Schedule - (Concl'd)

176

L.R.O. 1998

SEVENTH SCHEDULE

(Sections 16 and 17(1))

Form of Notice of Intended Departure

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

FORM OF NOTICE OF INTENDED DEPARTURE

Port Authority (Marine Section)

Port of

Name of Ship: Nationality:

Tons: Gross Net:

Name of Master: Number of Crew:

Arrived from: Date:

Cargo imported: Bill of Lading Packages:

Tons:

Number of Passengers Arrived:

Bound to:

Cargo imported: Bill of Lading Packages:

Tons:

Deck Cargo Outwards: Tons c. ft Animals

Number of Mail bags shipped:

Number of Passengers embarked: 19

Owners/Agents.

177

L.R.O. 1998

EIGHTH SCHEDULE

(Sections 17(1) and 19)

Certifi cates of Clearance on Departure

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART A

FORM OF PROVISIONAL CERTIFICATE OF CLEARANCE ON DEPARTURE

Ship Name:

Type of Ship:

Gross Tonnage:

IMO Number:

Call Sign:

Port of Registry:

Date of Registry:

Passenger Amount (where Applicable):

Date and time of virtual departure from Barbados:

Expected date and time of actual departure from Barbados:

178

L.R.O. 1998

This is to certify that the pre-departure documents submitted through the Maritime Single Window in accordance with section 16 of the Facilitation of International Maritime Traffi c Act, 2021 have been examined and the information has been verifi ed and is in order.

The is granted Provisional Clearance to depart

from the Port of Bridgetown in accordance with section 17 of the Facilitation of International Maritime Traffi c Act, 2021 and shall be subject to on-board inspection prior to departure from the Port.

Issued by:

Date of Issue:

Time of Issue:

Name of Ship

Signature

Stamp

Eighth Schedule - (Cont'd)

179

L.R.O. 1998

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

PART B

FORM OF FINAL CERTIFICATE OF CLEARANCE ON DEPARTURE

Ship Name:

Type of Ship:

Gross Tonnage:

IMO Number:

Call Sign:

Port of Registry:

Date of Registry:

Passenger Amount (where Applicable):

Date and time of departure from Barbados:

Date and time of actual departure from Barbados:

Eighth Schedule - (Cont'd)

180

L.R.O. 1998

In accordance with section 19 of the Facilitation of International Maritime Traffi c

Act, 2021 - the has been inspected and has

satisfi ed the requirements of the Immigration Act, Cap. 190, Customs Act, Cap. 66 and Health Services (Assignment of Public Inspectors to Private Businesses) Regulations, 1986 (S.I. 1986 No. 143).

The is granted Final Clearance to depart from

the Port.

Issued by:

Date of Issue:

Time of Issue:

Name of Ship

Name of Ship

Stamp

Eighth Schedule - (Concl'd)

181

L.R.O. 1998

NINTH SCHEDULE

(Sections 20 and 23(2))

List of offi cers to whom fi nes are to be paid for outstanding pre-arrival and pre-departure documents

Facilitation of International Maritime Traffi c Act, 2021 (Act 2021- )

Offi cer

Chief Environmental Health Offi cer

Document

Crew List

Passenger List

Maritime Declaration of Health

International Certifi cation of Vaccination

Yellow Fever Vaccination List

Ship Sanitation Control Exemption Certifi cate

Ship Sanitation Control Certifi cate

182

L.R.O. 1998

Offi cer

Chief Executive Offi cer, Barbados Port Inc.

Chief Immigration Offi cer

Comptroller of Customs

Document

Security-related information

Stowaway documents

List of Ports of Call

General Declaration

Cargo Declaration/Ship Manifest

Ship's Stores Declaration

Crew's Effects Declaration

Dangerous Good's Manifest

Letter Bulk - Bulk mail

Ninth Schedule - (Concl'd)

183

L.R.O. 1998

TENTH SCHEDULE

(Section 41)

CONSEQUENTIAL AMENDMENTS

Column 1

Enactment

Barbados Harbours Regulations, 1961 (L.N. 1961 No. 11)

Column 2

Amendments

1. Revoke regulations 12, 13, 17 and 35.

2. Delete regulation 22 and substitute the following:

''Master to deliver ship registry certifi cate

22. The master of a ship which has arrived in Barbados from a port outside of Barbados shall on entering a harbour produce the ship's registry certifi cate at the request of an authorised employee.''.

3. Delete regulation 103 and substitute the following:

''Dangerous Goods Manifest

103. (1) The ship owner, ship agent or master of every ship having on board any dangerous goods shall submit a Dangerous Goods Manifest in accordance with section 11 of the Facilitation International Maritime Traffi c Act, 2021 (Act 2021- ).

184

L.R.O. 1998

Column 1

Enactment

Barbados Harbours Regulations, 1961 (L.N. 1961 No. 11) - (Concl'd)

Quarantine Act, Cap. 53

Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38)

Column 2

Amendments

(2) Where the ship owner, ship agent or master fails to submit a Dangerous Goods Manifest in accordance with subsection (1) and dangerous goods are landed in Barbados, the management may

(a) order the dangerous goods to be placed on board the ship on which which they have arrived;

(b) destroy the dangerous goods; or

(c) otherwise deal with the dangerous goods as it considers necessary

at the risk and expense of the ship on which they arrived.''.

4. Delete the Second Schedule.

In section 12, delete the words "nine hundred and sixty dollars" wherever they appear and substitute the words "one hundred thousand dollars".

1. In regulation 2,

(a) in the defi nition "approved port" delete the words "deratisation certifi cate" and

Tenth Schedule - (Cont'd)

CONSEQUENTIAL AMENDMENTS - (Cont'd)

185

L.R.O. 1998

Column 1

Enactment

Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) - (Cont'd)

Column 2

Amendments

"deratisation exemption certifi cate" and substitute the words "Ship Sanitation Control Exemption Certifi cate" and "Ship Sanitation Control Certifi cate" set out in Schedule E";

(b) delete the defi nition "deratisation certifi cate" and "deratisation exemption certifi cate";

(c) in the defi ntion "valid" delete the words "deratisation certifi cate or deratisation exemption certifi cate" and substitute the words "Ship Sanitation Control Exemption Certifi cate" or "Ship Sanitation Control Certifi cate" set out in Schedule E.".

2. Delete regulation 4 and substitute the following:

"Declaration of health

4. (1) The master of a ship approaching the Island from a foreign port shall submit a Maritime Declaration of Health set out in Schedule A through the Maritime Single Window.

Tenth Schedule - (Cont'd)

CONSEQUENTIAL AMENDMENTS - (Cont'd)

186

L.R.O. 1998

Column 1

Enactment

Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) - (Cont'd)

Column 2

Amendments

(2) For the purposes of this section "Maritime Single Window" has the meaning assigned to it in the Facilitation of International Maritime Traffi c Act, 2021 (2021- ).

3. Delete Schedule A and substitute the following:

Tenth Schedule - (Cont'd)

CONSEQUENTIAL AMENDMENTS - (Cont'd)

187

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

"SCHEDULE A

(Regulations 4 and 5)

Maritime Declaration of Health

To be completed and submitted to the competent authorities by the masters of ships arriving from foreign ports.

Submitted at the port of:

Date:

Name of ship or inland navigation vessel:

Registration/IMO No.:

Arriving from:

Sailing to:

(Nationality)/(Flag of vessel):

Master’s name:

Gross tonnage (ship):

Tonnage (inland navigation vessel):

Valid Sanitation Control Exemption/Control Certifi cate carried on board?

Issued at:

Date:

Yes No

Tenth Schedule - (Cont'd)

188

L.R.O. 1998

Re-inspection required?

Has ship/vessel visited an aff ected area identifi ed by the World Health Organization?

Port and date of visit:

List ports of call from commencement of voyage with dates of departure, or within past 30

days, whichever is shorter:

On the request of the competent authority at the port of arrival, list crew members, passengers or other persons who have joined ship/vessel since international voyage began or within past 30 days, whichever is shorter, including all ports/countries visited in this period (add additional names to the attached schedule):

(1) Name:

joined from: (1)

(2)

(3)

(2) Name:

joined from: (1)

(2)

(3)

(3) Name:

joined from: (1)

(2)

(3)

Number of crew members on board: Number of passengers on board:

Yes No

Yes No

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Tenth Schedule - (Cont'd)

189

L.R.O. 1998

Yes

No

No

Yes

NoYes

NoYes

NoYes

NoYes

NoYes

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Tenth Schedule - (Cont'd)

Health questions

(1) Has any person died on board during the voyage otherwise than as a result of accident?

If yes, state particulars in attached schedule. Total no. of deaths

(2) Is there on board or has there been during the international voyage any case of disease which you suspect to be of an infectious nature?

If yes, state particulars in attached schedule.

(3) Has the total number of ill passengers during the voyage been greater than normal/ expected?

How many ill persons? (4) Is there any ill person on board now?

If yes, state particulars in attached schedule.

(5) Was a medical practitioner consulted? If yes, state particulars of medical treatment or advice provided in attached schedule.

(6) Are you aware of any condition on board which may lead to infection or spread of disease? If yes, state particulars in attached schedule.

(7) Has any sanitary measure (e.g. quarantine, isolation, disinfection or decontamination) been applied on board?

If yes, specify type, place and date:

190

L.R.O. 1998

Yes No

Yes No

Signature of Master Countersignature Ship’s Surgeon (if carried)

Date

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Tenth Schedule - (Cont'd)

(8) Have any stowaways been found on board?

If yes, where did they join the ship? (if known)

(9) Is there a sick animal or pet on board?

Note: In the absence of a surgeon, the master should regard the following symptoms as grounds for suspecting the existence of a disease of an infectious nature:

(a) fever, persisting for several days or accompanied by:

(i) prostration;

(ii) decreased consciousness;

(iii) glandular swelling;

(iv) jaundice;

(v) cough or shortness of breath;

(vi) unusual bleeding; or

(vii) paralysis;

(b) with or without fever:

(i) any acute skin rash or eruption;

(ii) severe vomiting (other than sea sickness);

(iii) severe diarrhoea; or

(iv) recurrent convulsions.

I hereby declare that the particulars and answers to the questions given in this Declaration of Health (including the schedule) are true and correct to the best of my knowledge and belief.

191

L.R.O. 1998

AT TA

C H

M E

N T

TO M

A R

IT IM

E D

E C

L A

R AT

IO N

O F

H E

A LT

H

N am

e Se

x C

la ss

or ra

tin g

A ge

Po rt,

d at

e jo

in ed

sh ip

/v es

se l

N at

ur e

of

ill ne

ss

D at

e of

on

se t o

f sy

m pt

om s

R ep

or te

d to

a p

or t

m ed

ic al

offi c

er ?

D isp

os al

of

c as

e 1

D ru

gs ,

m ed

ic in

es ,

or o

th er

tre at

m en

t gi

ve n

to

pa tie

nt

C om

m en

ts N

at io

na lit

y

1 S ta

te :

(1 ) w

he th

er th

e pe

rs on

re co

ve re

d, is

st ill

il l o

r d ie

d; a

nd

(2

) w he

th er

th e

pe rs

on is

st ill

o n

bo ar

d, w

as e

va cu

at ed

(i nc

lu di

ng th

e na

m e

of th

e po

rt or

a irp

or t),

o r w

as b

ur ie

d at

se a.

".

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Tenth Schedule - (Cont'd)

192

L.R.O. 1998

Column 1

Enactment

Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) - (Cont'd)

Column 2

Amendments

4. In regulation 5, delete paragraph 4 and substitute the following:

"(4) When a ship is granted radio pratique, the master shall immediately on arrival at a port of the Island, deliver or cause to be delivered to the environmental health offi cer the Maritime Declaration of Health set out in Schedule A , the ship's bill of health (if any) and the Ship Sanitation Control Exemption Certifi cate or the Ship Sanitation Control Certifi cate set out in Schedule out in Schedule E;".

5. In Part VI, delete the Part Heading "Deratisation of Ships" and substitute the Part Heading

"Sanitizing of Ships".

Tenth Schedule - (Cont'd)

CONSEQUENTIAL AMENDMENTS - (Cont'd)

193

L.R.O. 1998

Column 1

Enactment

Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) - (Cont'd)

Column 2

Amendments

6. In regulation 27,

(a) in paragraph (1) delete the words "deratisation certifi cate or deratisation exemption certifi cate" and substitute the words "Ship Sanitation Control Exemption Certifi cate or "Ship Sanitation Control Certifi cate";

(b) in paragraph (2) delete the words "deratisation exemption certifi cate" and substitute the words "Ship Sanitation Control Exemption Certifi cate";

(c) in paragraph (4), delete the words "deratisation certifi cate or deratisation exemption certifi cate" and substitute the words "Ship Sanitation Control Exemption Certifi cate or Ship Sanitation Control Certifi cate"; and

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Tenth Schedule - (Cont'd)

194

L.R.O. 1998

Column 1

Enactment

Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) - (Concl'd)

Column 2

Amendments

7. In regulation 28,

(a) delete the words "deratisation certifi cate or deratisation exemption certifi cate" appearing immediately after the word "valid" and substitute the words "Ship Sanitation Control Exemption Certifi cate or Ship Sanitation Control Certifi cate"; and

(b) delete the words "deratisation certifi cate" appearing at the end of the regulation and substitute the words "Ship Sanitation Control Exemption Certifi cate or Ship Sanitation Control Certifcate".

8. In regulation 29, delete the words "Deratisation certifi cates and deratisation exemption certifi cates" and substitute the words "Ship Sanitation Control Exemption Certifi cates and Ship Sanitation Control Certifi cates".

9. In regulation 31, in paragraph (1) delete the words "valid deratisation certifi cates or valid deratisation exemption certifi cates" and substitute the words "valid Ship Sanitation Control Exemption certifi cates or valid Ship Sanitation Control Certifi cates".

10. Delete Schedule E and substitute the following:

CONSEQUENTIAL AMENDMENTS - (Concl'd)

Tenth Schedule - (Cont'd)

195

L.R.O. 1998

"SCHEDULE E

(Regulations 2, 27, 28, 29 and 31)

Ship Sanitation Control Exemption Certifi cate/Ship Sanitation Control Certifi cate

Port of Date:

This Certifi cate records the inspection and (1) exemption from control or (2) control measures applied

Name of ship or inland navigation vessel

Flag Registration/IMO No.

At the time of inspection the holds were unladen/laden with tonnes of cargo

Name and address of inspecting offi cer

Tenth Schedule - (Cont'd)

196

L.R.O. 1998

Sample results2Evidence found1

Ship Sanitation Control Exemption Certifi cate

Documents reviewed

Medical log Ship’s log Other

No evidence found. Ship/vessel is exempted from control measures.

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health). 2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re-inspection is required, to the next appropriate port of call coinciding with the re-inspection date specifi ed in this certifi cate. Sanitation Control Exemption Certifi cates and Sanitation Control Certifi cates are valid for a maximum of 6 months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

Tenth Schedule - (Cont'd)

Areas, [systems, and services] inspected

Galley Pantry Stores Hold(s)/cargo Quarters: - crew - offi cers - passengers - deck Potable water Sewage Ballast tanks Solid and medical waste Standing water Engine room Medical facilities Other areas specifi ed - see attached Note areas not applicable, by marking N/A

Name and designation of issuing offi cer Signature and seal Date

197

L.R.O. 1998

Control measures applied Re-inspection date Comments regarding conditions found

Ship Sanitation Control Certifi cate

No evidence found. Ship/vessel is exempted from control measures.

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health). 2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re- inspection is required, to the next appropriate port of call coinciding with the re-inspection date specifi ed in this certifi cate. Sanitation Control Exemption Certifi cates and Sanitation Control Certifi cates are valid for a maximum of six months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

Name and designation of issuing offi cer Signature and seal Date

Tenth Schedule - (Cont'd)

198

L.R.O. 1998

Sa m

pl e

re su

lts E

vi de

nc e

fo un

d C

on tr

ol m

ea su

re s a

pp lie

d R

e- in

sp ec

tio n

da te

Co m

m en

ts re

ga rd

in g

co nd

iti on

s f ou

nd A

re as

/fa ci

lit ie

s/ sy

st em

s i ns

pe ct

ed 1

Fo od

So

ur ce

St

or ag

e

Pr ep

ar at

io n

Se

rv ic

e W

at er

S ou

rc e

S to

ra ge

D is

tri bu

tio n

W as

te H

ol di

ng T

re at

m en

t D

is po

sa l

Sw im

m in

g po

ol s/

sp as

Eq

ui pm

en t

O

pe ra

tio n

M

ed ic

al fa

ci lit

ie s

E qu

ip m

en t a

nd

m

ed ic

al d

ev ic

es

O pe

ra tio

n M

ed ic

in es

O th

er a

re as

in sp

ec te

d

D oc

um en

ts

re vi

ew ed

A tt

ac hm

en t t

o M

od el

S hi

p Sa

ni ta

tio n

C on

tr ol

E xe

m pt

io n

C er

tifi c

at e/

Sh ip

S an

ita tio

n C

on tr

oa l C

er tifi

c at

e Tenth Schedule - (Concl'd)

1 I nd

ic at

e w

he n

th e

ar ea

s l is

te d

ar e

no t a

pp lic

ab le

b y

m ar

ki ng

N /A

.".

199

Read three times and passed the House of Assembly this day of , 2021.

Speaker

Read three times and passed the Senate this day of , 2021.

President

200